June Special Session, Public Act No. 17-2
AN ACT CONCERNING THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2019, MAKING APPROPRIATIONS THEREFOR, AUTHORIZING AND ADJUSTING BONDS OF THE STATE AND IMPLEMENTING PROVISIONS OF THE BUDGET.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (Effective from passage) The following sums are appropriated from the GENERAL FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
LEGISLATIVE |
|||
LEGISLATIVE MANAGEMENT |
|||
Personal Services |
43,542,854 |
43,332,854 | |
Other Expenses |
13,364,982 |
13,975,741 | |
Equipment |
100,000 |
100,000 | |
Interim Salary/Caucus Offices |
452,875 |
452,875 | |
Redistricting |
100,000 |
100,000 | |
Old State House |
500,000 |
500,000 | |
Interstate Conference Fund |
377,944 |
377,944 | |
New England Board of Higher Education |
183,750 |
183,750 | |
AGENCY TOTAL |
58,622,405 |
59,023,164 | |
AUDITORS OF PUBLIC ACCOUNTS |
|||
Personal Services |
10,349,151 |
10,349,151 | |
Other Expenses |
272,143 |
272,143 | |
AGENCY TOTAL |
10,621,294 |
10,621,294 | |
COMMISSION ON WOMEN, CHILDREN, SENIORS |
|||
Personal Services |
400,000 |
400,000 | |
Other Expenses |
30,000 |
30,000 | |
AGENCY TOTAL |
430,000 |
430,000 | |
COMMISSION ON EQUITY AND OPPORTUNITY |
|||
Personal Services |
400,000 |
400,000 | |
Other Expenses |
30,000 |
30,000 | |
AGENCY TOTAL |
430,000 |
430,000 | |
GENERAL GOVERNMENT |
|||
GOVERNOR'S OFFICE |
|||
Personal Services |
1,998,912 |
1,998,912 | |
Other Expenses |
185,402 |
185,402 | |
New England Governors' Conference |
74,391 |
74,391 | |
National Governors' Association |
116,893 |
116,893 | |
AGENCY TOTAL |
2,375,598 |
2,375,598 | |
SECRETARY OF THE STATE |
|||
Personal Services |
2,623,326 |
2,623,326 | |
Other Expenses |
1,747,593 |
1,747,589 | |
Commercial Recording Division |
4,610,034 |
4,610,034 | |
AGENCY TOTAL |
8,980,953 |
8,980,949 | |
LIEUTENANT GOVERNOR'S OFFICE |
|||
Personal Services |
591,699 |
591,699 | |
Other Expenses |
60,264 |
60,264 | |
AGENCY TOTAL |
651,963 |
651,963 | |
ELECTIONS ENFORCEMENT COMMISSION |
|||
Elections Enforcement Commission |
3,125,570 |
3,125,570 | |
OFFICE OF STATE ETHICS |
|||
Information Technology Initiatives |
28,226 |
28,226 | |
Office of State Ethics |
1,403,529 |
1,403,529 | |
AGENCY TOTAL |
1,431,755 |
1,431,755 | |
FREEDOM OF INFORMATION COMMISSION |
|||
Freedom of Information Commission |
1,513,476 |
1,513,476 | |
STATE TREASURER |
|||
Personal Services |
2,838,478 |
2,838,478 | |
Other Expenses |
132,225 |
132,225 | |
AGENCY TOTAL |
2,970,703 |
2,970,703 | |
STATE COMPTROLLER |
|||
Personal Services |
22,655,097 |
22,655,097 | |
Other Expenses |
4,748,854 |
4,748,854 | |
AGENCY TOTAL |
27,403,951 |
27,403,951 | |
DEPARTMENT OF REVENUE SERVICES |
|||
Personal Services |
56,380,743 |
56,210,743 | |
Other Expenses |
7,961,117 |
6,831,117 | |
AGENCY TOTAL |
64,341,860 |
63,041,860 | |
OFFICE OF GOVERNMENTAL ACCOUNTABILITY |
|||
Other Expenses |
34,218 |
34,218 | |
Child Fatality Review Panel |
94,734 |
94,734 | |
Contracting Standards Board |
257,894 |
257,894 | |
Judicial Review Council |
124,509 |
124,509 | |
Judicial Selection Commission |
82,097 |
82,097 | |
Office of the Child Advocate |
630,059 |
630,059 | |
Office of the Victim Advocate |
387,708 |
387,708 | |
Board of Firearms Permit Examiners |
113,272 |
113,272 | |
AGENCY TOTAL |
1,724,491 |
1,724,491 | |
OFFICE OF POLICY AND MANAGEMENT |
|||
Personal Services |
10,006,964 |
10,006,964 | |
Other Expenses |
1,098,084 |
1,098,084 | |
Automated Budget System and Data Base Link |
39,668 |
39,668 | |
Justice Assistance Grants |
910,489 |
910,489 | |
Project Longevity |
850,000 |
850,000 | |
Council of Governments |
2,750,000 |
5,000,000 | |
Tax Relief For Elderly Renters |
12,685,377 |
13,666,177 | |
Reimbursement to Towns for Loss of Taxes on State Property |
51,596,345 |
56,045,788 | |
Reimbursements to Towns for Private Tax-Exempt Property |
100,900,058 |
105,889,432 | |
Reimbursement Property Tax - Disability Exemption |
374,065 |
374,065 | |
Property Tax Relief Elderly Freeze Program |
65,000 |
65,000 | |
Property Tax Relief for Veterans |
2,777,546 |
2,777,546 | |
Municipal Revenue Sharing |
35,221,814 |
36,819,135 | |
Municipal Restructuring |
28,000,000 |
28,000,000 | |
Municipal Transition |
36,000,000 |
15,000,000 | |
Municipal Stabilization Grant |
56,903,954 |
37,753,335 | |
AGENCY TOTAL |
340,179,364 |
314,295,683 | |
DEPARTMENT OF VETERANS' AFFAIRS |
|||
Personal Services |
19,914,195 |
17,914,195 | |
Other Expenses |
3,056,239 |
3,056,239 | |
SSMF Administration |
521,833 |
521,833 | |
Burial Expenses |
6,666 |
6,666 | |
Headstones |
307,834 |
307,834 | |
AGENCY TOTAL |
23,806,767 |
21,806,767 | |
DEPARTMENT OF ADMINISTRATIVE SERVICES |
|||
Personal Services |
47,168,198 |
47,168,198 | |
Other Expenses |
28,543,249 |
28,804,457 | |
Loss Control Risk Management |
92,634 |
92,634 | |
Employees' Review Board |
17,611 |
17,611 | |
Surety Bonds for State Officials and Employees |
65,949 |
147,524 | |
Refunds Of Collections |
21,453 |
21,453 | |
Rents and Moving |
10,562,692 |
11,318,952 | |
W. C. Administrator |
5,000,000 |
5,000,000 | |
Connecticut Education Network |
952,907 |
||
State Insurance and Risk Mgmt. Operations |
10,719,619 |
10,917,391 | |
IT Services |
12,489,014 |
12,384,014 | |
Firefighters Fund |
400,000 |
400,000 | |
AGENCY TOTAL |
116,033,326 |
116,272,234 | |
ATTORNEY GENERAL |
|||
Personal Services |
30,323,304 |
30,923,304 | |
Other Expenses |
968,906 |
1,068,906 | |
AGENCY TOTAL |
31,292,210 |
31,992,210 | |
DIVISION OF CRIMINAL JUSTICE |
|||
Personal Services |
44,094,555 |
44,021,057 | |
Other Expenses |
2,276,404 |
2,273,280 | |
Witness Protection |
164,148 |
164,148 | |
Training And Education |
27,398 |
27,398 | |
Expert Witnesses |
135,413 |
135,413 | |
Medicaid Fraud Control |
1,041,425 |
1,041,425 | |
Criminal Justice Commission |
409 |
409 | |
Cold Case Unit |
228,213 |
228,213 | |
Shooting Taskforce |
1,034,499 |
1,034,499 | |
AGENCY TOTAL |
49,002,464 |
48,925,842 | |
REGULATION AND PROTECTION |
|||
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION |
|||
Personal Services |
144,109,537 |
146,234,975 | |
Other Expenses |
26,623,919 |
26,611,310 | |
Stress Reduction |
25,354 |
25,354 | |
Fleet Purchase |
6,202,962 |
6,581,737 | |
Workers' Compensation Claims |
4,541,962 |
4,636,817 | |
Criminal Justice Information System |
2,392,840 |
2,739,398 | |
Fire Training School - Willimantic |
150,076 |
150,076 | |
Maintenance of County Base Fire Radio Network |
21,698 |
21,698 | |
Maintenance of State-Wide Fire Radio Network |
14,441 |
14,441 | |
Police Association of Connecticut |
172,353 |
172,353 | |
Connecticut State Firefighter's Association |
176,625 |
176,625 | |
Fire Training School - Torrington |
81,367 |
81,367 | |
Fire Training School - New Haven |
48,364 |
48,364 | |
Fire Training School - Derby |
37,139 |
37,139 | |
Fire Training School - Wolcott |
100,162 |
100,162 | |
Fire Training School - Fairfield |
70,395 |
70,395 | |
Fire Training School - Hartford |
169,336 |
169,336 | |
Fire Training School - Middletown |
68,470 |
68,470 | |
Fire Training School - Stamford |
55,432 |
55,432 | |
AGENCY TOTAL |
185,062,432 |
187,995,449 | |
MILITARY DEPARTMENT |
|||
Personal Services |
2,711,254 |
2,711,254 | |
Other Expenses |
2,262,356 |
2,284,779 | |
Honor Guards |
525,000 |
525,000 | |
Veteran's Service Bonuses |
93,333 |
93,333 | |
AGENCY TOTAL |
5,591,943 |
5,614,366 | |
DEPARTMENT OF CONSUMER PROTECTION |
|||
Personal Services |
12,749,297 |
12,749,297 | |
Other Expenses |
1,193,685 |
1,193,685 | |
AGENCY TOTAL |
13,942,982 |
13,942,982 | |
LABOR DEPARTMENT |
|||
Personal Services |
8,747,739 |
8,747,739 | |
Other Expenses |
1,080,343 |
1,080,343 | |
CETC Workforce |
619,591 |
619,591 | |
Workforce Investment Act |
36,758,476 |
36,758,476 | |
Job Funnels Projects |
108,656 |
108,656 | |
Connecticut's Youth Employment Program |
1,000,000 |
4,000,000 | |
Jobs First Employment Services |
13,869,606 |
13,869,606 | |
Apprenticeship Program |
465,342 |
465,342 | |
Spanish-American Merchants Association |
400,489 |
400,489 | |
Connecticut Career Resource Network |
153,113 |
153,113 | |
STRIVE |
108,655 |
108,655 | |
Opportunities for Long Term Unemployed |
1,753,994 |
1,753,994 | |
Veterans' Opportunity Pilot |
227,606 |
227,606 | |
Second Chance Initiative |
444,861 |
444,861 | |
Cradle To Career |
100,000 |
100,000 | |
New Haven Jobs Funnel |
344,241 |
344,241 | |
Healthcare Apprenticeship Initiative |
500,000 |
1,000,000 | |
Manufacturing Pipeline Initiative |
500,000 |
1,000,000 | |
AGENCY TOTAL |
67,182,712 |
71,182,712 | |
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES |
|||
Personal Services |
5,916,770 |
5,880,844 | |
Other Expenses |
302,061 |
302,061 | |
Martin Luther King, Jr. Commission |
5,977 |
5,977 | |
AGENCY TOTAL |
6,224,808 |
6,188,882 | |
CONSERVATION AND DEVELOPMENT |
|||
DEPARTMENT OF AGRICULTURE |
|||
Personal Services |
3,610,221 |
3,610,221 | |
Other Expenses |
845,038 |
845,038 | |
Senior Food Vouchers |
350,442 |
350,442 | |
Tuberculosis and Brucellosis Indemnity |
97 |
97 | |
WIC Coupon Program for Fresh Produce |
167,938 |
167,938 | |
AGENCY TOTAL |
4,973,736 |
4,973,736 | |
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION |
|||
Personal Services |
23,162,728 |
22,144,784 | |
Other Expenses |
1,408,267 |
527,266 | |
Mosquito Control |
224,243 |
221,097 | |
State Superfund Site Maintenance |
399,577 |
399,577 | |
Laboratory Fees |
129,015 |
129,015 | |
Dam Maintenance |
120,486 |
113,740 | |
Emergency Spill Response |
6,481,921 |
6,481,921 | |
Solid Waste Management |
3,613,792 |
3,613,792 | |
Underground Storage Tank |
855,844 |
855,844 | |
Clean Air |
3,925,897 |
3,925,897 | |
Environmental Conservation |
5,263,481 |
4,950,803 | |
Environmental Quality |
8,434,764 |
8,410,957 | |
Greenways Account |
2 |
2 | |
Fish Hatcheries |
2,079,562 |
2,079,562 | |
Interstate Environmental Commission |
44,937 |
44,937 | |
New England Interstate Water Pollution Commission |
26,554 |
26,554 | |
Northeast Interstate Forest Fire Compact |
3,082 |
3,082 | |
Connecticut River Valley Flood Control Commission |
30,295 |
30,295 | |
Thames River Valley Flood Control Commission |
45,151 |
45,151 | |
AGENCY TOTAL |
56,249,598 |
54,004,276 | |
COUNCIL ON ENVIRONMENTAL QUALITY |
|||
Personal Services |
173,190 |
||
Other Expenses |
613 |
||
AGENCY TOTAL |
173,803 |
||
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT |
|||
Personal Services |
7,145,317 |
7,145,317 | |
Other Expenses |
527,335 |
527,335 | |
Statewide Marketing |
6,435,000 |
||
Hartford Urban Arts Grant |
242,371 |
||
New Britain Arts Council |
39,380 |
||
Main Street Initiatives |
100,000 |
||
Office of Military Affairs |
187,575 |
187,575 | |
CCAT-CT Manufacturing Supply Chain |
497,082 |
||
Capital Region Development Authority |
6,261,621 |
6,299,121 | |
Neighborhood Music School |
80,540 |
||
Municipal Regional Development Authority |
610,500 | ||
Nutmeg Games |
40,000 |
||
Discovery Museum |
196,895 |
||
National Theatre of the Deaf |
78,758 |
||
CONNSTEP |
390,471 |
||
Connecticut Science Center |
446,626 |
||
CT Flagship Producing Theaters Grant |
259,951 |
||
Performing Arts Centers |
787,571 |
||
Performing Theaters Grant |
306,753 |
||
Arts Commission |
1,497,298 |
||
Art Museum Consortium |
287,313 |
||
Litchfield Jazz Festival |
29,000 |
||
Arte Inc. |
20,735 |
||
CT Virtuosi Orchestra |
15,250 |
||
Barnum Museum |
20,735 |
||
Various Grants |
130,000 |
||
Greater Hartford Arts Council |
74,079 |
||
Stepping Stones Museum for Children |
30,863 |
||
Maritime Center Authority |
303,705 |
||
Connecticut Humanities Council |
850,000 |
||
Amistad Committee for the Freedom Trail |
36,414 |
||
Amistad Vessel |
263,856 |
||
New Haven Festival of Arts and Ideas |
414,511 |
||
New Haven Arts Council |
52,000 |
||
Beardsley Zoo |
253,879 |
||
Mystic Aquarium |
322,397 |
||
Northwestern Tourism |
400,000 |
||
Eastern Tourism |
400,000 |
||
Central Tourism |
400,000 |
||
Twain/Stowe Homes |
81,196 |
||
Cultural Alliance of Fairfield |
52,000 |
||
AGENCY TOTAL |
29,958,477 |
14,769,848 | |
DEPARTMENT OF HOUSING |
|||
Personal Services |
1,853,013 |
1,853,013 | |
Other Expenses |
162,047 |
162,047 | |
Elderly Rental Registry and Counselors |
1,035,431 |
1,035,431 | |
Homeless Youth |
2,329,087 |
2,329,087 | |
Subsidized Assisted Living Demonstration |
2,084,241 |
2,084,241 | |
Congregate Facilities Operation Costs |
7,336,204 |
7,336,204 | |
Elderly Congregate Rent Subsidy |
1,982,065 |
1,982,065 | |
Housing/Homeless Services |
74,024,210 |
78,628,792 | |
Housing/Homeless Services - Municipality |
586,965 |
586,965 | |
AGENCY TOTAL |
91,393,263 |
95,997,845 | |
AGRICULTURAL EXPERIMENT STATION |
|||
Personal Services |
5,636,399 |
5,636,399 | |
Other Expenses |
910,560 |
910,560 | |
Mosquito Control |
502,312 |
502,312 | |
Wildlife Disease Prevention |
92,701 |
92,701 | |
AGENCY TOTAL |
7,141,972 |
7,141,972 | |
HEALTH |
|||
DEPARTMENT OF PUBLIC HEALTH |
|||
Personal Services |
35,454,225 |
34,180,177 | |
Other Expenses |
7,799,552 |
7,908,041 | |
Children's Health Initiatives |
2,935,769 |
2,935,769 | |
Community Health Services |
1,689,268 |
1,900,431 | |
Rape Crisis |
558,104 |
558,104 | |
Local and District Departments of Health |
4,144,588 |
4,144,588 | |
School Based Health Clinics |
11,039,012 |
11,039,012 | |
AGENCY TOTAL |
63,620,518 |
62,666,122 | |
OFFICE OF HEALTH STRATEGY |
|||
Personal Services |
1,937,390 | ||
Other Expenses |
38,042 | ||
AGENCY TOTAL |
1,975,432 | ||
OFFICE OF THE CHIEF MEDICAL EXAMINER |
|||
Personal Services |
4,926,809 |
4,926,809 | |
Other Expenses |
1,435,536 |
1,435,536 | |
Equipment |
26,400 |
23,310 | |
Medicolegal Investigations |
22,150 |
22,150 | |
AGENCY TOTAL |
6,410,895 |
6,407,805 | |
DEPARTMENT OF DEVELOPMENTAL SERVICES |
|||
Personal Services |
207,943,136 |
206,888,083 | |
Other Expenses |
16,665,111 |
16,590,769 | |
Housing Supports and Services |
350,000 | ||
Family Support Grants |
3,700,840 |
3,700,840 | |
Clinical Services |
2,372,737 |
2,365,359 | |
Workers' Compensation Claims |
13,823,176 |
13,823,176 | |
Behavioral Services Program |
22,478,496 |
22,478,496 | |
Supplemental Payments for Medical Services |
3,761,425 |
3,761,425 | |
ID Partnership Initiatives |
1,400,000 |
1,900,000 | |
Rent Subsidy Program |
4,879,910 |
4,879,910 | |
Employment Opportunities and Day Services |
242,551,827 |
251,900,305 | |
AGENCY TOTAL |
519,576,658 |
528,638,363 | |
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES |
|||
Personal Services |
185,075,887 |
185,075,887 | |
Other Expenses |
24,412,372 |
24,412,372 | |
Housing Supports and Services |
23,269,681 |
23,269,681 | |
Managed Service System |
56,505,032 |
56,505,032 | |
Legal Services |
700,144 |
700,144 | |
Connecticut Mental Health Center |
7,848,323 |
7,848,323 | |
Professional Services |
11,200,697 |
11,200,697 | |
General Assistance Managed Care |
41,449,129 |
42,160,121 | |
Workers' Compensation Claims |
11,405,512 |
11,405,512 | |
Nursing Home Screening |
636,352 |
636,352 | |
Young Adult Services |
76,859,968 |
76,859,968 | |
TBI Community Services |
8,779,723 |
8,779,723 | |
Jail Diversion |
95,000 |
190,000 | |
Behavioral Health Medications |
6,720,754 |
6,720,754 | |
Medicaid Adult Rehabilitation Option |
4,269,653 |
4,269,653 | |
Discharge and Diversion Services |
24,533,818 |
24,533,818 | |
Home and Community Based Services |
22,168,382 |
24,173,942 | |
Nursing Home Contract |
417,953 |
417,953 | |
Pre-Trial Account |
620,352 |
620,352 | |
Forensic Services |
10,235,895 |
10,140,895 | |
Katie Blair House |
15,000 |
15,000 | |
Grants for Substance Abuse Services |
17,788,229 |
17,788,229 | |
Grants for Mental Health Services |
65,874,535 |
65,874,535 | |
Employment Opportunities |
8,901,815 |
8,901,815 | |
AGENCY TOTAL |
609,784,206 |
612,500,758 | |
PSYCHIATRIC SECURITY REVIEW BOARD |
|||
Personal Services |
271,444 |
271,444 | |
Other Expenses |
26,387 |
26,387 | |
AGENCY TOTAL |
297,831 |
297,831 | |
HUMAN SERVICES |
|||
DEPARTMENT OF SOCIAL SERVICES |
|||
Personal Services |
122,536,340 |
122,536,340 | |
Other Expenses |
143,029,224 |
146,570,860 | |
Genetic Tests in Paternity Actions |
81,906 |
81,906 | |
State-Funded Supplemental Nutrition Assistance Program |
31,205 |
||
HUSKY B Program |
5,060,000 |
5,320,000 | |
Medicaid |
2,619,440,000 |
2,733,065,000 | |
Old Age Assistance |
38,506,679 |
38,026,302 | |
Aid To The Blind |
577,715 |
584,005 | |
Aid To The Disabled |
60,874,851 |
59,707,546 | |
Temporary Family Assistance - TANF |
70,131,712 |
70,131,712 | |
Emergency Assistance |
1 |
1 | |
Food Stamp Training Expenses |
9,832 |
9,832 | |
DMHAS-Disproportionate Share |
108,935,000 |
108,935,000 | |
Connecticut Home Care Program |
42,090,000 |
46,530,000 | |
Human Resource Development-Hispanic Programs |
697,307 |
697,307 | |
Community Residential Services |
553,929,013 |
571,064,720 | |
Protective Services to the Elderly |
785,204 | ||
Safety Net Services |
1,840,882 |
1,840,882 | |
Refunds Of Collections |
94,699 |
94,699 | |
Services for Persons With Disabilities |
370,253 |
370,253 | |
Nutrition Assistance |
725,000 |
837,039 | |
State Administered General Assistance |
19,431,557 |
19,334,722 | |
Connecticut Children's Medical Center |
11,391,454 |
10,125,737 | |
Community Services |
688,676 |
688,676 | |
Human Service Infrastructure Community Action Program |
2,994,488 |
3,209,509 | |
Teen Pregnancy Prevention |
1,271,286 |
1,271,286 | |
Programs for Senior Citizens |
7,895,383 |
7,895,383 | |
Family Programs - TANF |
316,835 |
316,835 | |
Domestic Violence Shelters |
5,304,514 |
5,353,162 | |
Hospital Supplemental Payments |
598,440,138 |
496,340,138 | |
Human Resource Development-Hispanic Programs - Municipality |
4,120 |
4,120 | |
Teen Pregnancy Prevention - Municipality |
100,287 |
100,287 | |
AGENCY TOTAL |
4,416,800,357 |
4,451,828,463 | |
DEPARTMENT OF REHABILITATION SERVICES |
|||
Personal Services |
4,843,781 |
4,843,781 | |
Other Expenses |
1,398,021 |
1,398,021 | |
Educational Aid for Blind and Visually Handicapped Children |
4,040,237 |
4,040,237 | |
Employment Opportunities – Blind & Disabled |
1,032,521 |
1,032,521 | |
Vocational Rehabilitation - Disabled |
7,354,087 |
7,354,087 | |
Supplementary Relief and Services |
45,762 |
45,762 | |
Special Training for the Deaf Blind |
268,003 |
268,003 | |
Connecticut Radio Information Service |
27,474 |
27,474 | |
Independent Living Centers |
420,962 |
420,962 | |
AGENCY TOTAL |
19,430,848 |
19,430,848 | |
EDUCATION, MUSEUMS, LIBRARIES |
|||
DEPARTMENT OF EDUCATION |
|||
Personal Services |
16,264,240 |
16,264,240 | |
Other Expenses |
3,261,940 |
3,261,940 | |
Development of Mastery Exams Grades 4, 6, and 8 |
10,443,016 |
10,443,016 | |
Primary Mental Health |
383,653 |
383,653 | |
Leadership, Education, Athletics in Partnership (LEAP) |
462,534 |
462,534 | |
Adult Education Action |
216,149 |
216,149 | |
Connecticut Writing Project |
30,000 |
30,000 | |
Resource Equity Assessments |
134,379 |
||
Neighborhood Youth Centers |
650,172 |
650,172 | |
Longitudinal Data Systems |
1,212,945 |
1,212,945 | |
Sheff Settlement |
11,027,361 |
11,027,361 | |
Parent Trust Fund Program |
395,841 |
395,841 | |
Regional Vocational-Technical School System |
133,875,227 |
133,918,454 | |
Commissioner's Network |
10,009,398 |
10,009,398 | |
Local Charter Schools |
480,000 |
540,000 | |
Bridges to Success |
40,000 |
40,000 | |
K-3 Reading Assessment Pilot |
2,461,580 |
2,461,940 | |
Talent Development |
650,000 |
650,000 | |
School-Based Diversion Initiative |
1,000,000 |
1,000,000 | |
Technical High Schools Other Expenses |
23,861,660 |
23,861,660 | |
American School For The Deaf |
8,257,514 |
8,257,514 | |
Regional Education Services |
350,000 |
350,000 | |
Family Resource Centers |
5,802,710 |
5,802,710 | |
Charter Schools |
109,821,500 |
116,964,132 | |
Youth Service Bureau Enhancement |
648,859 |
648,859 | |
Child Nutrition State Match |
2,354,000 |
2,354,000 | |
Health Foods Initiative |
4,101,463 |
4,151,463 | |
Vocational Agriculture |
10,228,589 |
10,228,589 | |
Adult Education |
20,383,960 |
20,383,960 | |
Health and Welfare Services Pupils Private Schools |
3,526,579 |
3,526,579 | |
Education Equalization Grants |
1,986,183,701 |
2,017,131,405 | |
Bilingual Education |
2,848,320 |
2,848,320 | |
Priority School Districts |
38,103,454 |
38,103,454 | |
Young Parents Program |
106,159 |
106,159 | |
Interdistrict Cooperation |
3,050,000 |
3,050,000 | |
School Breakfast Program |
2,158,900 |
2,158,900 | |
Excess Cost - Student Based |
142,542,860 |
142,119,782 | |
Youth Service Bureaus |
2,598,486 |
2,598,486 | |
Open Choice Program |
38,090,639 |
40,090,639 | |
Magnet Schools |
328,058,158 |
326,508,158 | |
After School Program |
4,720,695 |
4,720,695 | |
AGENCY TOTAL |
2,930,796,641 |
2,968,933,107 | |
OFFICE OF EARLY CHILDHOOD |
|||
Personal Services |
7,791,962 |
7,791,962 | |
Other Expenses |
411,727 |
411,727 | |
Birth to Three |
21,446,804 |
21,446,804 | |
Evenstart |
437,713 |
437,713 | |
2Gen - TANF |
750,000 |
750,000 | |
Nurturing Families Network |
10,230,303 |
10,230,303 | |
Head Start Services |
5,186,978 |
5,186,978 | |
Care4Kids TANF/CCDF |
124,981,059 |
130,032,034 | |
Child Care Quality Enhancements |
6,855,033 |
6,855,033 | |
Early Head Start-Child Care Partnership |
1,130,750 |
1,130,750 | |
Early Care and Education |
104,086,354 |
101,507,832 | |
Smart Start |
3,325,000 | ||
AGENCY TOTAL |
283,308,683 |
289,106,136 | |
STATE LIBRARY |
|||
Personal Services |
5,019,931 |
5,019,931 | |
Other Expenses |
426,673 |
426,673 | |
State-Wide Digital Library |
1,750,193 |
1,750,193 | |
Interlibrary Loan Delivery Service |
276,232 |
276,232 | |
Legal/Legislative Library Materials |
638,378 |
638,378 | |
Support Cooperating Library Service Units |
184,300 |
184,300 | |
Connecticard Payments |
781,820 |
781,820 | |
AGENCY TOTAL |
9,077,527 |
9,077,527 | |
OFFICE OF HIGHER EDUCATION |
|||
Personal Services |
1,428,180 |
1,428,180 | |
Other Expenses |
69,964 |
69,964 | |
Minority Advancement Program |
1,789,690 |
1,789,690 | |
National Service Act |
260,896 |
260,896 | |
Minority Teacher Incentive Program |
355,704 |
355,704 | |
Roberta B. Willis Scholarship Fund |
35,345,804 |
33,388,637 | |
AGENCY TOTAL |
39,250,238 |
37,293,071 | |
UNIVERSITY OF CONNECTICUT |
|||
Operating Expenses |
179,422,908 |
176,494,509 | |
Workers' Compensation Claims |
2,299,505 |
2,271,228 | |
Next Generation Connecticut |
17,530,936 |
17,353,856 | |
AGENCY TOTAL |
199,253,349 |
196,119,593 | |
UNIVERSITY OF CONNECTICUT HEALTH CENTER |
|||
Operating Expenses |
106,746,887 |
106,746,848 | |
AHEC |
374,566 |
374,566 | |
Workers' Compensation Claims |
4,320,855 |
4,324,771 | |
Bioscience |
10,984,843 |
11,567,183 | |
AGENCY TOTAL |
122,427,151 |
123,013,368 | |
TEACHERS' RETIREMENT BOARD |
|||
Personal Services |
1,606,365 |
1,606,365 | |
Other Expenses |
468,134 |
468,134 | |
Retirement Contributions |
1,290,429,000 |
1,332,368,000 | |
Retirees Health Service Cost |
14,554,500 |
14,575,250 | |
Municipal Retiree Health Insurance Costs |
4,644,673 |
4,644,673 | |
AGENCY TOTAL |
1,311,702,672 |
1,353,662,422 | |
CONNECTICUT STATE COLLEGES AND UNIVERSITIES |
|||
Workers' Compensation Claims |
3,289,276 |
3,289,276 | |
Charter Oak State College |
2,263,617 |
2,263,617 | |
Community Tech College System |
150,743,937 |
138,243,937 | |
Connecticut State University |
140,932,908 |
142,230,435 | |
Board of Regents |
366,875 |
366,875 | |
Developmental Services |
9,168,168 |
9,168,168 | |
Outcomes-Based Funding Incentive |
1,236,481 |
1,236,481 | |
Institute for Municipal and Regional Policy |
994,650 |
994,650 | |
AGENCY TOTAL |
308,995,912 |
297,793,439 | |
CORRECTIONS |
|||
DEPARTMENT OF CORRECTION |
|||
Personal Services |
383,924,663 |
382,622,893 | |
Other Expenses |
66,973,023 |
66,727,581 | |
Workers' Compensation Claims |
26,871,594 |
26,871,594 | |
Inmate Medical Services |
80,426,658 |
72,383,992 | |
Board of Pardons and Paroles |
6,415,288 |
6,415,288 | |
STRIDE |
108,656 |
108,656 | |
Program Evaluation |
75,000 |
75,000 | |
Aid to Paroled and Discharged Inmates |
3,000 |
3,000 | |
Legal Services To Prisoners |
797,000 |
797,000 | |
Volunteer Services |
129,460 |
129,460 | |
Community Support Services |
33,909,614 |
33,909,614 | |
AGENCY TOTAL |
599,633,956 |
590,044,078 | |
DEPARTMENT OF CHILDREN AND FAMILIES |
|||
Personal Services |
273,254,796 |
273,254,796 | |
Other Expenses |
30,576,026 |
30,416,026 | |
Workers' Compensation Claims |
12,578,720 |
12,578,720 | |
Family Support Services |
867,677 |
867,677 | |
Differential Response System |
7,809,192 |
7,764,046 | |
Regional Behavioral Health Consultation |
1,699,624 |
1,619,023 | |
Health Assessment and Consultation |
1,349,199 |
1,082,532 | |
Grants for Psychiatric Clinics for Children |
15,046,541 |
14,979,041 | |
Day Treatment Centers for Children |
6,815,978 |
6,759,728 | |
Juvenile Justice Outreach Services |
5,443,769 |
||
Child Abuse and Neglect Intervention |
11,949,620 |
10,116,287 | |
Community Based Prevention Programs |
7,945,305 |
7,637,305 | |
Family Violence Outreach and Counseling |
3,061,579 |
2,547,289 | |
Supportive Housing |
18,479,526 |
18,479,526 | |
No Nexus Special Education |
2,151,861 |
2,151,861 | |
Family Preservation Services |
6,133,574 |
6,070,574 | |
Substance Abuse Treatment |
9,913,559 |
9,840,612 | |
Child Welfare Support Services |
1,757,237 |
1,757,237 | |
Board and Care for Children - Adoption |
97,105,408 |
98,735,921 | |
Board and Care for Children - Foster |
134,738,432 |
135,345,435 | |
Board and Care for Children - Short-term and Residential |
92,819,051 |
90,339,295 | |
Individualized Family Supports |
6,523,616 |
6,552,680 | |
Community Kidcare |
38,268,191 |
37,968,191 | |
Covenant to Care |
136,273 |
136,273 | |
AGENCY TOTAL |
786,424,754 |
777,000,075 | |
JUDICIAL |
|||
JUDICIAL DEPARTMENT |
|||
Personal Services |
326,270,877 |
325,432,553 | |
Other Expenses |
61,067,995 |
60,639,025 | |
Forensic Sex Evidence Exams |
1,348,010 |
1,348,010 | |
Alternative Incarceration Program |
49,538,792 |
49,538,792 | |
Justice Education Center, Inc. |
466,217 |
466,217 | |
Juvenile Alternative Incarceration |
20,683,458 |
20,683,458 | |
Probate Court |
2,000,000 |
4,450,000 | |
Workers' Compensation Claims |
6,042,106 |
6,042,106 | |
Youthful Offender Services |
10,445,555 |
10,445,555 | |
Victim Security Account |
8,792 |
8,792 | |
Children of Incarcerated Parents |
544,503 |
544,503 | |
Legal Aid |
1,552,382 |
1,552,382 | |
Youth Violence Initiative |
1,925,318 |
1,925,318 | |
Youth Services Prevention |
3,187,174 |
3,187,174 | |
Children's Law Center |
102,717 |
102,717 | |
Juvenile Planning |
333,792 |
333,792 | |
Juvenile Justice Outreach Services |
5,574,763 |
11,149,525 | |
Board and Care for Children - Short-term and Residential |
3,282,159 |
6,564,318 | |
AGENCY TOTAL |
494,374,610 |
504,414,237 | |
PUBLIC DEFENDER SERVICES COMMISSION |
|||
Personal Services |
40,130,053 |
40,042,553 | |
Other Expenses |
1,176,487 |
1,173,363 | |
Assigned Counsel - Criminal |
22,442,284 |
22,442,284 | |
Expert Witnesses |
3,234,137 |
3,234,137 | |
Training And Education |
119,748 |
119,748 | |
AGENCY TOTAL |
67,102,709 |
67,012,085 | |
NON-FUNCTIONAL |
|||
DEBT SERVICE - STATE TREASURER |
|||
Debt Service |
1,955,817,562 |
1,858,767,569 | |
UConn 2000 - Debt Service |
189,526,253 |
210,955,639 | |
CHEFA Day Care Security |
5,500,000 |
5,500,000 | |
Pension Obligation Bonds - TRB |
140,219,021 |
118,400,521 | |
Municipal Restructuring |
20,000,000 |
20,000,000 | |
AGENCY TOTAL |
2,311,062,836 |
2,213,623,729 | |
STATE COMPTROLLER - MISCELLANEOUS |
|||
Nonfunctional - Change to Accruals |
546,139 |
2,985,705 | |
STATE COMPTROLLER - FRINGE BENEFITS |
|||
Unemployment Compensation |
7,272,256 |
6,465,764 | |
State Employees Retirement Contributions |
1,200,988,149 |
1,324,658,878 | |
Higher Education Alternative Retirement System |
1,000 |
1,000 | |
Pensions and Retirements - Other Statutory |
1,606,796 |
1,657,248 | |
Judges and Compensation Commissioners Retirement |
25,457,910 |
27,427,480 | |
Insurance - Group Life |
7,991,900 |
8,235,900 | |
Employers Social Security Tax |
198,812,550 |
197,818,172 | |
State Employees Health Service Cost |
665,642,460 |
707,332,481 | |
Retired State Employees Health Service Cost |
774,399,000 |
844,099,000 | |
Tuition Reimbursement - Training and Travel |
115,000 |
||
Other Post Employment Benefits |
91,200,000 |
91,200,000 | |
AGENCY TOTAL |
2,973,487,021 |
3,208,895,923 | |
RESERVE FOR SALARY ADJUSTMENTS |
|||
Reserve For Salary Adjustments |
317,050,763 |
484,497,698 | |
WORKERS' COMPENSATION CLAIMS - ADMINISTRATIVE SERVICES |
|||
Workers' Compensation Claims |
7,605,530 |
7,605,530 | |
TOTAL - GENERAL FUND |
19,610,855,680 |
19,986,887,353 | |
LESS: |
|||
Unallocated Lapse |
-42,250,000 |
-51,765,570 | |
Unallocated Lapse - Legislative |
-1,000,000 |
-1,000,000 | |
Unallocated Lapse - Judicial |
-3,000,000 |
-8,000,000 | |
Statewide Hiring Reduction |
-6,500,000 |
-7,000,000 | |
Targeted Savings |
-111,814,090 |
-150,878,179 | |
Reflect Delay |
-7,500,000 |
||
Achieve Labor Concessions |
-700,000,000 |
-867,600,000 | |
NET - GENERAL FUND |
18,738,791,590 |
18,907,409,174 |
Sec. 2. (Effective from passage) The following sums are appropriated from the SPECIAL TRANSPORTATION FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
GENERAL GOVERNMENT |
|||
DEPARTMENT OF ADMINISTRATIVE SERVICES |
|||
State Insurance and Risk Mgmt. Operations |
8,353,680 |
8,508,924 | |
REGULATION AND PROTECTION |
|||
DEPARTMENT OF MOTOR VEHICLES |
|||
Personal Services |
49,601,226 |
49,296,260 | |
Other Expenses |
15,897,378 |
15,397,378 | |
Equipment |
468,756 |
468,756 | |
Commercial Vehicle Information Systems and Networks Project |
214,676 |
214,676 | |
AGENCY TOTAL |
66,182,036 |
65,377,070 | |
CONSERVATION AND DEVELOPMENT |
|||
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION |
|||
Personal Services |
2,060,488 |
2,060,488 | |
Other Expenses |
701,974 |
701,974 | |
AGENCY TOTAL |
2,762,462 |
2,762,462 | |
TRANSPORTATION |
|||
DEPARTMENT OF TRANSPORTATION |
|||
Personal Services |
175,824,829 |
175,874,964 | |
Other Expenses |
53,727,023 |
53,214,223 | |
Equipment |
1,341,329 |
1,341,329 | |
Minor Capital Projects |
449,639 |
449,639 | |
Highway Planning And Research |
3,060,131 |
3,060,131 | |
Rail Operations |
173,370,701 |
198,225,900 | |
Bus Operations |
156,352,699 |
168,421,676 | |
ADA Para-transit Program |
38,039,446 |
38,039,446 | |
Non-ADA Dial-A-Ride Program |
1,576,361 |
1,576,361 | |
Pay-As-You-Go Transportation Projects |
13,629,769 |
13,629,769 | |
Port Authority |
400,000 |
400,000 | |
Transportation to Work |
2,370,629 |
2,370,629 | |
AGENCY TOTAL |
620,142,556 |
656,604,067 | |
NON-FUNCTIONAL |
|||
DEBT SERVICE - STATE TREASURER |
|||
Debt Service |
614,679,938 |
680,223,716 | |
STATE COMPTROLLER - MISCELLANEOUS |
|||
Nonfunctional - Change to Accruals |
675,402 |
213,133 | |
STATE COMPTROLLER - FRINGE BENEFITS |
|||
Unemployment Compensation |
203,548 |
203,548 | |
State Employees Retirement Contributions |
132,842,942 |
144,980,942 | |
Insurance - Group Life |
273,357 |
277,357 | |
Employers Social Security Tax |
15,655,534 |
15,674,834 | |
State Employees Health Service Cost |
46,110,687 |
50,218,403 | |
Other Post Employment Benefits |
6,000,000 |
6,000,000 | |
AGENCY TOTAL |
201,086,068 |
217,355,084 | |
RESERVE FOR SALARY ADJUSTMENTS |
|||
Reserve For Salary Adjustments |
2,301,186 |
2,301,186 | |
WORKERS' COMPENSATION CLAIMS - ADMINISTRATIVE SERVICES |
|||
Workers' Compensation Claims |
6,723,297 |
6,723,297 | |
TOTAL - SPECIAL TRANSPORTATION FUND |
1,522,906,625 |
1,640,068,939 | |
LESS: |
|||
Unallocated Lapse |
-12,000,000 |
-12,000,000 | |
NET - SPECIAL TRANSPORTATION FUND |
1,510,906,625 |
1,628,068,939 |
Sec. 3. (Effective from passage) The following sums are appropriated from the MASHANTUCKET PEQUOT AND MOHEGAN FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
GENERAL GOVERNMENT |
|||
OFFICE OF POLICY AND MANAGEMENT |
|||
Grants To Towns |
57,649,850 |
49,942,796 |
Sec. 4. (Effective from passage) The following sums are appropriated from the REGIONAL MARKET OPERATION FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
CONSERVATION AND DEVELOPMENT |
|||
DEPARTMENT OF AGRICULTURE |
|||
Personal Services |
430,138 |
430,138 | |
Other Expenses |
273,007 |
273,007 | |
Fringe Benefits |
361,316 |
361,316 | |
AGENCY TOTAL |
1,064,461 |
1,064,461 | |
NON-FUNCTIONAL |
|||
STATE COMPTROLLER - MISCELLANEOUS |
|||
Nonfunctional - Change to Accruals |
2,845 |
2,845 | |
TOTAL - REGIONAL MARKET OPERATION FUND |
1,067,306 |
1,067,306 |
Sec. 5. (Effective from passage) The following sums are appropriated from the BANKING FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
REGULATION AND PROTECTION |
|||
DEPARTMENT OF BANKING |
|||
Personal Services |
10,998,922 |
10,984,235 | |
Other Expenses |
1,478,390 |
1,478,390 | |
Equipment |
44,900 |
44,900 | |
Fringe Benefits |
8,799,137 |
8,787,388 | |
Indirect Overhead |
291,192 |
291,192 | |
AGENCY TOTAL |
21,612,541 |
21,586,105 | |
LABOR DEPARTMENT |
|||
Opportunity Industrial Centers |
475,000 |
475,000 | |
Customized Services |
950,000 |
950,000 | |
AGENCY TOTAL |
1,425,000 |
1,425,000 | |
CONSERVATION AND DEVELOPMENT |
|||
DEPARTMENT OF HOUSING |
|||
Fair Housing |
670,000 |
670,000 | |
JUDICIAL |
|||
JUDICIAL DEPARTMENT |
|||
Foreclosure Mediation Program |
3,610,565 |
3,610,565 | |
NON-FUNCTIONAL |
|||
STATE COMPTROLLER - MISCELLANEOUS |
|||
Nonfunctional - Change to Accruals |
95,178 |
95,178 | |
TOTAL - BANKING FUND |
27,413,284 |
27,386,848 |
Sec. 6. (Effective from passage) The following sums are appropriated from the INSURANCE FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
GENERAL GOVERNMENT |
|||
OFFICE OF POLICY AND MANAGEMENT |
|||
Personal Services |
313,882 |
313,882 | |
Other Expenses |
6,012 |
6,012 | |
Fringe Benefits |
200,882 |
200,882 | |
AGENCY TOTAL |
520,776 |
520,776 | |
REGULATION AND PROTECTION |
|||
INSURANCE DEPARTMENT |
|||
Personal Services |
13,942,472 |
13,796,046 | |
Other Expenses |
1,727,807 |
1,727,807 | |
Equipment |
52,500 |
52,500 | |
Fringe Benefits |
11,055,498 |
10,938,946 | |
Indirect Overhead |
466,740 |
466,740 | |
AGENCY TOTAL |
27,245,017 |
26,982,039 | |
OFFICE OF THE HEALTHCARE ADVOCATE |
|||
Personal Services |
2,097,714 |
1,683,355 | |
Other Expenses |
2,691,767 |
305,000 | |
Equipment |
15,000 |
15,000 | |
Fringe Benefits |
1,644,481 |
1,329,851 | |
Indirect Overhead |
106,630 |
106,630 | |
AGENCY TOTAL |
6,555,592 |
3,439,836 | |
CONSERVATION AND DEVELOPMENT |
|||
DEPARTMENT OF HOUSING |
|||
Crumbling Foundations |
110,844 |
110,844 | |
HEALTH |
|||
DEPARTMENT OF PUBLIC HEALTH |
|||
Needle and Syringe Exchange Program |
459,416 |
459,416 | |
AIDS Services |
4,975,686 |
4,975,686 | |
Breast and Cervical Cancer Detection and Treatment |
2,150,565 |
2,150,565 | |
Immunization Services |
43,216,992 |
48,018,326 | |
X-Ray Screening and Tuberculosis Care |
965,148 |
965,148 | |
Venereal Disease Control |
197,171 |
197,171 | |
AGENCY TOTAL |
51,964,978 |
56,766,312 | |
OFFICE OF HEALTH STRATEGY |
|||
Personal Services |
560,785 | ||
Other Expenses |
2,386,767 | ||
Fringe Benefits |
430,912 | ||
AGENCY TOTAL |
3,378,464 | ||
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES |
|||
Managed Service System |
408,924 |
408,924 | |
HUMAN SERVICES |
|||
DEPARTMENT OF SOCIAL SERVICES |
|||
Fall Prevention |
376,023 |
376,023 | |
NON-FUNCTIONAL |
|||
STATE COMPTROLLER - MISCELLANEOUS |
|||
Nonfunctional - Change to Accruals |
116,945 |
116,945 | |
TOTAL - INSURANCE FUND |
87,299,099 |
92,100,163 |
Sec. 7. (Effective from passage) The following sums are appropriated from the CONSUMER COUNSEL AND PUBLIC UTILITY CONTROL FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
REGULATION AND PROTECTION |
|||
OFFICE OF CONSUMER COUNSEL |
|||
Personal Services |
1,288,453 |
1,288,453 | |
Other Expenses |
332,907 |
332,907 | |
Equipment |
2,200 |
2,200 | |
Fringe Benefits |
1,056,988 |
1,056,988 | |
Indirect Overhead |
100 |
100 | |
AGENCY TOTAL |
2,680,648 |
2,680,648 | |
CONSERVATION AND DEVELOPMENT |
|||
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION |
|||
Personal Services |
11,834,823 |
11,834,823 | |
Other Expenses |
1,479,367 |
1,479,367 | |
Equipment |
19,500 |
19,500 | |
Fringe Benefits |
9,467,858 |
9,467,858 | |
Indirect Overhead |
100 |
100 | |
AGENCY TOTAL |
22,801,648 |
22,801,648 | |
NON-FUNCTIONAL |
|||
STATE COMPTROLLER - MISCELLANEOUS |
|||
Nonfunctional - Change to Accruals |
89,658 |
89,658 | |
TOTAL - CONSUMER COUNSEL AND PUBLIC UTILITY CONTROL FUND |
25,571,954 |
25,571,954 |
Sec. 8. (Effective from passage) The following sums are appropriated from the WORKERS' COMPENSATION FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
GENERAL GOVERNMENT |
|||
DIVISION OF CRIMINAL JUSTICE |
|||
Personal Services |
369,969 |
369,969 | |
Other Expenses |
10,428 |
10,428 | |
Fringe Benefits |
306,273 |
306,273 | |
AGENCY TOTAL |
686,670 |
686,670 | |
REGULATION AND PROTECTION |
|||
LABOR DEPARTMENT |
|||
Occupational Health Clinics |
687,148 |
687,148 | |
WORKERS' COMPENSATION COMMISSION |
|||
Personal Services |
10,268,099 |
10,240,361 | |
Other Expenses |
2,321,765 |
2,659,765 | |
Equipment |
1 |
1 | |
Fringe Benefits |
8,214,479 |
8,192,289 | |
Indirect Overhead |
291,637 |
291,637 | |
AGENCY TOTAL |
21,095,981 |
21,384,053 | |
HUMAN SERVICES |
|||
DEPARTMENT OF REHABILITATION SERVICES |
|||
Personal Services |
514,113 |
514,113 | |
Other Expenses |
53,822 |
53,822 | |
Rehabilitative Services |
1,111,913 |
1,111,913 | |
Fringe Benefits |
430,485 |
430,485 | |
AGENCY TOTAL |
2,110,333 |
2,110,333 | |
NON-FUNCTIONAL |
|||
STATE COMPTROLLER - MISCELLANEOUS |
|||
Nonfunctional - Change to Accruals |
72,298 |
72,298 | |
TOTAL - WORKERS' COMPENSATION FUND |
24,652,430 |
24,940,502 |
Sec. 9. (Effective from passage) The following sums are appropriated from the CRIMINAL INJURIES COMPENSATION FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
JUDICIAL |
|||
JUDICIAL DEPARTMENT |
|||
Criminal Injuries Compensation |
2,934,088 |
2,934,088 |
Sec. 10. (Effective from passage) The following sums are appropriated from the TOURISM FUND for the annual periods indicated for the purposes described.
2017-2018 |
2018-2019 | ||
CONSERVATION AND DEVELOPMENT |
|||
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT |
|||
Statewide Marketing |
4,130,912 | ||
Hartford Urban Arts Grant |
242,371 | ||
New Britain Arts Council |
39,380 | ||
Main Street Initiatives |
100,000 | ||
Neighborhood Music School |
80,540 | ||
Nutmeg Games |
40,000 | ||
Discovery Museum |
196,895 | ||
National Theatre of the Deaf |
78,758 | ||
Connecticut Science Center |
446,626 | ||
CT Flagship Producing Theaters Grant |
259,951 | ||
Performing Arts Centers |
787,571 | ||
Performing Theaters Grant |
306,753 | ||
Arts Commission |
1,497,298 | ||
Art Museum Consortium |
287,313 | ||
Litchfield Jazz Festival |
29,000 | ||
Arte Inc. |
20,735 | ||
CT Virtuosi Orchestra |
15,250 | ||
Barnum Museum |
20,735 | ||
Various Grants |
393,856 | ||
Greater Hartford Arts Council |
74,079 | ||
Stepping Stones Museum for Children |
30,863 | ||
Maritime Center Authority |
303,705 | ||
Connecticut Humanities Council |
850,000 | ||
Amistad Committee for the Freedom Trail |
36,414 | ||
New Haven Festival of Arts and Ideas |
414,511 | ||
New Haven Arts Council |
52,000 | ||
Beardsley Zoo |
253,879 | ||
Mystic Aquarium |
322,397 | ||
Northwestern Tourism |
400,000 | ||
Eastern Tourism |
400,000 | ||
Central Tourism |
400,000 | ||
Twain/Stowe Homes |
81,196 | ||
Cultural Alliance of Fairfield |
52,000 | ||
AGENCY TOTAL |
12,644,988 |
Sec. 11. (Effective from passage) For the fiscal years ending June 30, 2018, and June 30, 2019, the following sums shall be made available from the Passport to the Parks account: $400,000 for soil and water conservation districts and $253,000 for environmental review teams.
Sec. 12. (Effective from passage) (a) Notwithstanding the provisions of sections 2-35, 4-73, 10a-77, 10a-99, 10a-105 and 10a-143 of the general statutes, the Secretary of the Office of Policy and Management may make reductions in allotments in any budgeted agency and fund of the state for the fiscal years ending June 30, 2018, and June 30, 2019, in order to reduce labor-management expenditures by $700,000,000 for the fiscal year ending June 30, 2018, and by $867,600,000 for the fiscal year ending June 30, 2019.
(b) Notwithstanding the provisions of sections 10a-77, 10a-99, 10a-105 and 10a-143 of the general statutes, any reductions in allotments pursuant to subsection (a) of this section that are applicable to the Connecticut State Colleges and Universities, The University of Connecticut and The University of Connecticut Health Center shall be credited to the General Fund.
Sec. 13. (Effective from passage) (a) The Secretary of the Office of Policy and Management may make reductions in allotments for the executive branch for the fiscal years ending June 30, 2018, and June 30, 2019, in order to achieve budget savings in the General Fund of $42,250,000 in the fiscal year ending June 30, 2018, and $45,000,000 in the fiscal year ending June 30, 2019.
(b) The Secretary of the Office of Policy and Management may make reductions in allotments for the legislative branch for the fiscal years ending June 30, 2018, and June 30, 2019, in order to achieve budget savings of $1,000,000 in the General Fund during each such fiscal year. Such reductions shall be achieved as determined by the president pro tempore and majority leader of the Senate, the speaker and majority leader of the House of Representatives, the Senate Republican president pro tempore and the minority leader of the House of Representatives.
(c) The Secretary of the Office of Policy and Management may make reductions in allotments for the judicial branch for the fiscal years ending June 30, 2018, and June 30, 2019, in order to achieve budget savings in the General Fund of $3,000,000 in the fiscal year ending June 30, 2018, and $8,000,000 in the fiscal year ending June 30, 2019. Such reductions shall be achieved as determined by the Chief Justice and Chief Public Defender.
Sec. 14. (Effective from passage) The Secretary of the Office of Policy and Management may make reductions in allotments in any budgeted agency of the state in order to achieve targeted budget savings in the General Fund of $111,814,090 for the fiscal year ending June 30, 2018, and $150,878,179 for the fiscal year ending June 30, 2019.
Sec. 15. (Effective from passage) The Secretary of the Office of Policy and Management may make reductions in allotments in any budgeted agency of the state in order to achieve budget savings in the General Fund of $7,500,000 for the fiscal year ending June 30, 2018. Any such reductions shall be the result of implementation delays for newly funded programs and services or due to savings achieved during the period July 1, 2017, through September 30, 2017.
Sec. 16. (Effective from passage) The Secretary of the Office of Policy and Management may make reductions in allotments in any budgeted agency of the state for the fiscal years ending June 30, 2018, and June 30, 2019, in order to achieve budget savings of $12,000,000 in the Special Transportation Fund during each such fiscal year.
Sec. 17. (Effective from passage) Notwithstanding the provisions of section 4-85 of the general statutes, the Secretary of the Office of Policy and Management shall not allot funds appropriated in sections 1 to 10, inclusive, of this act for Nonfunctional – Change to Accruals.
Sec. 18. (Effective from passage) (a) The Secretary of the Office of Policy and Management may transfer amounts appropriated for Personal Services in sections 1 to 10, inclusive, of this act from agencies to the Reserve for Salary Adjustments account to reflect a more accurate impact of collective bargaining and related costs.
(b) The Secretary of the Office of Policy and Management may transfer funds appropriated in section 1 of this act, for Reserve for Salary Adjustments, to any agency in any appropriated fund to give effect to salary increases, other employee benefits, agency costs related to staff reductions including accrual payments, achievement of agency personal services reductions, or other personal services adjustments authorized by this act or any other act or other applicable statute.
Sec. 19. (Effective from passage) (a) That portion of unexpended funds, as determined by the Secretary of the Office of Policy and Management, appropriated in public act 15-244, as amended by public act 16-2 of the May special session, which relate to collective bargaining agreements and related costs, shall not lapse on June 30, 2017, and such funds shall continue to be available for such purpose during the fiscal years ending June 30, 2018, and June 30, 2019.
(b) That portion of unexpended funds, as determined by the Secretary of the Office of Policy and Management, appropriated in sections 1 to 10, inclusive, of this act, which relate to collective bargaining agreements and related costs for the fiscal year ending June 30, 2018, shall not lapse on June 30, 2018, and such funds shall continue to be available for such purpose during the fiscal year ending June 30, 2019.
Sec. 20. (Effective from passage) Any appropriation, or portion thereof, made to any agency, under sections 1 to 10, inclusive, of this act, may be transferred at the request of such agency to any other agency by the Governor, with the approval of the Finance Advisory Committee, to take full advantage of federal matching funds, provided both agencies shall certify that the expenditure of such transferred funds by the receiving agency will be for the same purpose as that of the original appropriation or portion thereof so transferred. Any federal funds generated through the transfer of appropriations between agencies may be used for reimbursing appropriated expenditures or for expanding program services or a combination of both as determined by the Governor, with the approval of the Finance Advisory Committee.
Sec. 21. (Effective from passage) (a) Any appropriation, or portion thereof, made to any agency under sections 1 to 10, inclusive, of this act, may be adjusted by the Governor, with approval of the Finance Advisory Committee, in order to maximize federal funding available to the state, consistent with the relevant federal provisions of law.
(b) The Governor shall report on any such adjustment permitted under subsection (a) of this section, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and finance, revenue and bonding.
Sec. 22. (Effective from passage) Any appropriation, or portion thereof, made to The University of Connecticut Health Center in section 1 of this act may be transferred by the Secretary of the Office of Policy and Management to the Medicaid account in the Department of Social Services for the purpose of maximizing federal reimbursement.
Sec. 23. (Effective from passage) All funds appropriated to the Department of Social Services for DMHAS – Disproportionate Share shall be expended by the Department of Social Services in such amounts and at such times as prescribed by the Office of Policy and Management. The Department of Social Services shall make disproportionate share payments to hospitals in the Department of Mental Health and Addiction Services for operating expenses and for related fringe benefit expenses. Funds received by the hospitals in the Department of Mental Health and Addiction Services, for fringe benefits, shall be used to reimburse the Comptroller. All other funds received by the hospitals in the Department of Mental Health and Addiction Services shall be deposited to grants - other than federal accounts. All disproportionate share payments not expended in grants - other than federal accounts shall lapse at the end of the fiscal year.
Sec. 24. (Effective from passage) Any appropriation, or portion thereof, made to the Department of Veterans' Affairs in section 1 of this act may be transferred by the Secretary of the Office of Policy and Management to the Medicaid account in the Department of Social Services for the purpose of maximizing federal reimbursement.
Sec. 25. (Effective from passage) During the fiscal years ending June 30, 2018, and June 30, 2019, $1,000,000 of the federal funds received by the Department of Education, from Part B of the Individuals with Disabilities Education Act (IDEA), shall be transferred to the Office of Early Childhood in each such fiscal year, for the Birth-to-Three program, in order to carry out Part B responsibilities consistent with the IDEA.
Sec. 26. (Effective from passage) Notwithstanding the provisions of section 17a-17 of the general statutes, for the fiscal years ending June 30, 2018, and June 30, 2019, the provisions of said section shall not be considered in any increases or decreases to residential rates or allowable per diem payments to private residential treatment centers licensed pursuant to section 17a-145 of the general statutes.
Sec. 27. (Effective from passage) (a) For all allowable expenditures made pursuant to a contract subject to cost settlement with the Department of Developmental Services by an organization in compliance with performance requirements of such contract, one hundred per cent, or an alternative amount as identified by the Commissioner of Developmental Services and approved by the Secretary of the Office of Policy and Management, of the difference between actual expenditures incurred and the amount received by the organization from the Department of Developmental Services pursuant to such contract shall be reimbursed to the Department of Developmental Services during each of the fiscal years ending June 30, 2018, and June 30, 2019.
(b) For expenditures incurred by nonprofit providers with purchase of service contracts with the Department of Mental Health and Addiction Services for which year-end cost reconciliation currently occurs, and where such providers are in compliance with performance requirements of such contract, one hundred per cent, or an alternative amount as identified by the Commissioner of Mental Health and Addiction Services and approved by the Secretary of the Office of Policy and Management and as allowed by applicable state and federal laws and regulations, of the difference between actual expenditures incurred and the amount received by the organization from the Department of Mental Health and Addiction Services pursuant to such contract shall be reimbursed to the Department of Mental Health and Addiction Services for the fiscal years ending June 30, 2018, and June 30, 2019.
Sec. 28. (Effective from passage) The Secretary of the Office of Policy and Management may make reductions in allotments in any budgeted agency of the state in order to achieve state-wide hiring savings in the General Fund of $6,500,000 for the fiscal year ending June 30, 2018, and $7,000,000 for the fiscal year ending June 30, 2019.
Sec. 29. (Effective from passage) Not later than June 30, 2019, the city of Hartford shall issue a request for proposals for the purchase of the civic center and coliseum complex in Hartford known as the XL Center on the effective date of this section.
Sec. 30. (Effective from passage) Notwithstanding the provisions of section 4-28f of the general statutes, the sum of $750,000 for the fiscal year ending June 30, 2018, and the sum of $750,000 for the fiscal year ending June 30, 2019, shall be transferred from the Tobacco and Health Trust Fund to the Department of Social Services to implement recommendations resulting from a study conducted pursuant to section 27 of public act 11-6 to enhance and improve the services and supports for individuals with autism and their families.
Sec. 31. (Effective from passage) Notwithstanding section 4-28f of the general statutes, the sum of $1,000,000 shall be transferred from the Tobacco and Health Trust Fund to The University of Connecticut Health Center, for Other Expenses, in each of the fiscal years ending June 30, 2018, and June 30, 2019, for the purpose of supporting the Connecticut Institute for Clinical and Translational Science.
Sec. 32. (Effective from passage) It is intended that Even Start be integrated into the coordinated state planning and implementation of the state-wide, two-generational initiative of the Office of Early Childhood.
Sec. 33. (Effective from passage) (a) On or before December 31, 2017, any municipality that has more than one family resource center located in its public schools under the family resource center program established pursuant to section 10-4o of the general statutes shall close one of such centers.
(b) Each family resource center in existence on January 1, 2018, shall receive, for each of the fiscal years ending June 30, 2018, and June 30, 2019, a grant in the amount of $100,000 from the amount appropriated in section 1 of this act to the Department of Education, for Family Resource Centers, for each of said fiscal years. Any amount of such appropriation remaining after the disbursement of such grants shall be deposited in the account established in subsection (c) of this section for the purposes described in said subsection.
(c) There is established an account to be known as the "family resource center grant account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain moneys required by law to be deposited in the account. Moneys in the account shall be expended, during each of the fiscal years ending June 30, 2018, and June 30, 2019, by the Department of Education for the purposes of establishing a competitive grant program for family resource centers. Family resource centers may apply for a grant pursuant to this subsection at such time and in such manner as the Commissioner of Education prescribes.
Sec. 34. Subsection (b) of section 16 of public act 17-89 is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) On and after the date the Secretary of the Office of Policy and Management finds that a minimum of [four] seven million five hundred thousand dollars has been deposited in the municipal gaming account pursuant to subsection (c) of section 15 of [this act] public act 17-89, the Office of Policy and Management shall provide an annual grant of seven hundred fifty thousand dollars to each of the following municipalities: Bridgeport, East Hartford, Ellington, Enfield, Hartford, New Haven, Norwalk, South Windsor, Waterbury and Windsor Locks. [; and each of the following distressed municipalities: East Hartford and Hartford.] The amount of the grant payable to each municipality during any fiscal year shall be reduced proportionately if the total of such grants exceeds the amount of funds available for such year.
Sec. 35. Subsection (c) of section 15 of public act 17-89 is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Not later than thirty days after the date the casino gaming facility is operational and on a monthly basis thereafter while such casino gaming facility is operational, MMCT Venture, LLC, shall pay to the state: (1) Ten per cent of the gross gaming revenue from the operation of authorized games, except video facsimile games, which shall be deposited in the state-wide tourism marketing account, established pursuant to section 10-395a of the general statutes; (2) fifteen per cent of the gross gaming revenue from the operation of authorized games, except video facsimile games, which shall be deposited in the General Fund; and (3) twenty-five per cent of the gross gaming revenue from the operation of video facsimile games, which shall be deposited as follows: (A) [Four] Seven million five hundred thousand dollars annually in the municipal gaming account, established pursuant to section 16 of [this act] public act 17-89, and (B) any remaining amounts in the General Fund.
Sec. 36. (Effective from passage) Notwithstanding the provisions of section 19a-7j of the general statutes, for the fiscal year ending June 30, 2018, the Secretary of the Office of Policy and Management shall inform the Insurance Commissioner of the amounts required pursuant to subsection (a) of said section not later than November 1, 2017.
Sec. 37. (Effective from passage) The Secretary of the Office of Policy and Management may, with the approval of the Finance Advisory Committee, transfer appropriations between any budgeted agency of the state in the fiscal year ending June 30, 2018, in order to reconcile allocations made pursuant to Governor Malloy Executive Order 58 with appropriations in sections 1 to 11, inclusive, of this act.
Sec. 38. (Effective from passage) For the fiscal years ending June 30, 2018, and June 30, 2019, the Department of Social Services, the Department of Children and Families and the Judicial Branch may, with the approval of the Office of Policy and Management, and in compliance with any advanced planning document approved by the federal Department of Health and Human Services, establish receivables for the reimbursement anticipated from approved projects.
Sec. 39. Subsection (e) of section 19a-491 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) The commissioner shall charge one thousand dollars for the licensing and inspection every [four] three years of outpatient clinics that provide either medical or mental health service, urgent care services and well-child [clinics] clinical services, except those operated by municipal health departments, health districts or licensed nonprofit nursing or community health agencies.
Sec. 40. Subsection (b) of section 17b-104 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) On July 1, 2007, and annually thereafter, the commissioner shall increase the payment standards over those of the previous fiscal year under the temporary family assistance program and the state-administered general assistance program by the percentage increase, if any, in the most recent calendar year average in the consumer price index for urban consumers over the average for the previous calendar year, provided the annual increase, if any, shall not exceed five per cent, except that the payment standards for the fiscal years ending June 30, 2010, June 30, 2011, June 30, 2012, June 30, 2013, June 30, 2016, [and] June 30, 2017, June 30, 2018, and June 30, 2019, shall not be increased.
Sec. 41. Section 17b-244 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The room and board component of the rates to be paid by the state to private facilities and facilities operated by regional education service centers which are licensed to provide residential care pursuant to section 17a-227, but not certified to participate in the Title XIX Medicaid program as intermediate care facilities for individuals with intellectual disabilities, shall be determined annually by the Commissioner of Social Services, except that rates effective April 30, 1989, shall remain in effect through October 31, 1989. Any facility with real property other than land placed in service prior to July 1, 1991, shall, for the fiscal year ending June 30, 1995, receive a rate of return on real property equal to the average of the rates of return applied to real property other than land placed in service for the five years preceding July 1, 1993. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the rate of return on real property for property items shall be revised every five years. The commissioner shall, upon submission of a request by such facility, allow actual debt service, comprised of principal and interest, on the loan or loans in lieu of property costs allowed pursuant to section 17-313b-5 of the regulations of Connecticut state agencies, whether actual debt service is higher or lower than such allowed property costs, provided such debt service terms and amounts are reasonable in relation to the useful life and the base value of the property. In the case of facilities financed through the Connecticut Housing Finance Authority, the commissioner shall allow actual debt service, comprised of principal, interest and a reasonable repair and replacement reserve on the loan or loans in lieu of property costs allowed pursuant to section 17-313b-5 of the regulations of Connecticut state agencies, whether actual debt service is higher or lower than such allowed property costs, provided such debt service terms and amounts are determined by the commissioner at the time the loan is entered into to be reasonable in relation to the useful life and base value of the property. The commissioner may allow fees associated with mortgage refinancing provided such refinancing will result in state reimbursement savings, after comparing costs over the terms of the existing proposed loans. For the fiscal year ending June 30, 1992, the inflation factor used to determine rates shall be one-half of the gross national product percentage increase for the period between the midpoint of the cost year through the midpoint of the rate year. For fiscal year ending June 30, 1993, the inflation factor used to determine rates shall be two-thirds of the gross national product percentage increase from the midpoint of the cost year to the midpoint of the rate year. For the fiscal years ending June 30, 1996, and June 30, 1997, no inflation factor shall be applied in determining rates. The Commissioner of Social Services shall prescribe uniform forms on which such facilities shall report their costs. Such rates shall be determined on the basis of a reasonable payment for necessary services. Any increase in grants, gifts, fund-raising or endowment income used for the payment of operating costs by a private facility in the fiscal year ending June 30, 1992, shall be excluded by the commissioner from the income of the facility in determining the rates to be paid to the facility for the fiscal year ending June 30, 1993, provided any operating costs funded by such increase shall not obligate the state to increase expenditures in subsequent fiscal years. Nothing contained in this section shall authorize a payment by the state to any such facility in excess of the charges made by the facility for comparable services to the general public. The service component of the rates to be paid by the state to private facilities and facilities operated by regional education service centers which are licensed to provide residential care pursuant to section 17a-227, but not certified to participate in the Title XIX Medicaid programs as intermediate care facilities for individuals with intellectual disabilities, shall be determined annually by the Commissioner of Developmental Services in accordance with section 17b-244a. For the fiscal year ending June 30, 2008, no facility shall receive a rate that is more than two per cent greater than the rate in effect for the facility on June 30, 2007, except any facility that would have been issued a lower rate effective July 1, 2007, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2007. For the fiscal year ending June 30, 2009, no facility shall receive a rate that is more than two per cent greater than the rate in effect for the facility on June 30, 2008, except any facility that would have been issued a lower rate effective July 1, 2008, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2008. For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect for the period ending June 30, 2009, shall remain in effect until June 30, 2011, except that (1) the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2009, if a capital improvement required by the Commissioner of Developmental Services for the health or safety of the residents was made to the facility during the fiscal years ending June 30, 2010, or June 30, 2011, and (2) any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or June 30, 2011, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal year ending June 30, 2012, rates in effect for the period ending June 30, 2011, shall remain in effect until June 30, 2012, except that (A) the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2011, if a capital improvement required by the Commissioner of Developmental Services for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2012, and (B) any facility that would have been issued a lower rate for the fiscal year ending June 30, 2012, due to interim rate status or agreement with the department, shall be issued such lower rate. Any facility that has a significant decrease in land and building costs shall receive a reduced rate to reflect such decrease in land and building costs. The rate paid to a facility may be increased if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2014, or June 30, 2015, only to the extent such increases are within available appropriations. For the fiscal years ending June 30, 2016, and June 30, 2017, rates shall not exceed those in effect for the period ending June 30, 2015, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2015, if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2016, or June 30, 2017, [only] to the extent such rate increases are within available appropriations. For the fiscal years ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, any facility that would have been issued a lower rate, due to interim rate status, a change in allowable fair rent or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2018, and June 30, 2019, rates shall not exceed those in effect for the period ending June 30, 2017, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2017, if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2018, or June 30, 2019, to the extent such rate increases are within available appropriations.
(b) Notwithstanding the provisions of subsection (a) of this section, state rates of payment for the fiscal years ending June 30, 2018, and June 30, 2019, for residential care homes, community living arrangements and community companion homes that receive the flat rate for residential services under section 17-311-54 of the regulations of Connecticut state agencies shall be set in accordance with section 43 of this act.
[(b)] (c) The Commissioner of Social Services and the Commissioner of Developmental Services shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section.
Sec. 42. Section 17b-340 of the general statutes is amended by adding subsection (j) as follows (Effective from passage):
(NEW) (j) Notwithstanding the provisions of this section, state rates of payment for the fiscal years ending June 30, 2018, and June 30, 2019, for residential care homes, community living arrangements and community companion homes that receive the flat rate for residential services under section 17-311-54 of the regulations of Connecticut state agencies shall be set in accordance with section 43 of this act.
Sec. 43. (Effective from passage) Notwithstanding subsection (a) of section 17b-244 and subsections (a) to (i), inclusive, of section 17b-340 of the general statutes, or any other provision of the general statutes or regulation adopted thereunder, the state rates of payments in effect for the fiscal year ending June 30, 2016, for residential care homes, community living arrangements and community companion homes that receive the flat rate for residential services under section 17-311-54 of the regulations of Connecticut state agencies shall remain in effect until June 30, 2019.
Sec. 44. Subdivision (1) of subsection (h) of section 17b-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(h) (1) For the fiscal year ending June 30, 1993, any residential care home with an operating cost component of its rate in excess of one hundred thirty per cent of the median of operating cost components of rates in effect January 1, 1992, shall not receive an operating cost component increase. For the fiscal year ending June 30, 1993, any residential care home with an operating cost component of its rate that is less than one hundred thirty per cent of the median of operating cost components of rates in effect January 1, 1992, shall have an allowance for real wage growth equal to sixty-five per cent of the increase determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, provided such operating cost component shall not exceed one hundred thirty per cent of the median of operating cost components in effect January 1, 1992. Beginning with the fiscal year ending June 30, 1993, for the purpose of determining allowable fair rent, a residential care home with allowable fair rent less than the twenty-fifth percentile of the state-wide allowable fair rent shall be reimbursed as having allowable fair rent equal to the twenty-fifth percentile of the state-wide allowable fair rent. Beginning with the fiscal year ending June 30, 1997, a residential care home with allowable fair rent less than three dollars and ten cents per day shall be reimbursed as having allowable fair rent equal to three dollars and ten cents per day. Property additions placed in service during the cost year ending September 30, 1996, or any succeeding cost year shall receive a fair rent allowance for such additions as an addition to three dollars and ten cents per day if the fair rent for the facility for property placed in service prior to September 30, 1995, is less than or equal to three dollars and ten cents per day. Beginning with the fiscal year ending June 30, 2016, a residential care home shall be reimbursed the greater of the allowable accumulated fair rent reimbursement associated with real property additions and land as calculated on a per day basis or three dollars and ten cents per day if the allowable reimbursement associated with real property additions and land is less than three dollars and ten cents per day. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the allowance for real wage growth, as determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, shall not be applied. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the inflation adjustment made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies shall not be applied to real property costs. Beginning with the fiscal year ending June 30, 1997, minimum allowable patient days for rate computation purposes for a residential care home with twenty-five beds or less shall be eighty-five per cent of licensed capacity. Beginning with the fiscal year ending June 30, 2002, for the purposes of determining the allowable salary of an administrator of a residential care home with sixty beds or less the department shall revise the allowable base salary to thirty-seven thousand dollars to be annually inflated thereafter in accordance with section 17-311-52 of the regulations of Connecticut state agencies. The rates for the fiscal year ending June 30, 2002, shall be based upon the increased allowable salary of an administrator, regardless of whether such amount was expended in the 2000 cost report period upon which the rates are based. Beginning with the fiscal year ending June 30, 2000, and until the fiscal year ending June 30, 2009, inclusive, the inflation adjustment for rates made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies shall be increased by two per cent, and beginning with the fiscal year ending June 30, 2002, the inflation adjustment for rates made in accordance with subsection (c) of said section shall be increased by one per cent. Beginning with the fiscal year ending June 30, 1999, for the purpose of determining the allowable salary of a related party, the department shall revise the maximum salary to twenty-seven thousand eight hundred fifty-six dollars to be annually inflated thereafter in accordance with section 17-311-52 of the regulations of Connecticut state agencies and beginning with the fiscal year ending June 30, 2001, such allowable salary shall be computed on an hourly basis and the maximum number of hours allowed for a related party other than the proprietor shall be increased from forty hours to forty-eight hours per work week. For the fiscal year ending June 30, 2005, each facility shall receive a rate that is two and one-quarter per cent more than the rate the facility received in the prior fiscal year, except any facility that would have been issued a lower rate effective July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2004. Effective upon receipt of all the necessary federal approvals to secure federal financial participation matching funds associated with the rate increase provided in subdivision (4) of subsection (f) of this section, but in no event earlier than October 1, 2005, and provided the user fee imposed under section 17b-320 is required to be collected, each facility shall receive a rate that is determined in accordance with applicable law and subject to appropriations, except any facility that would have been issued a lower rate effective October 1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate status or agreement with the department, shall be issued such lower rate effective October 1, 2005. Such rate increase shall remain in effect unless: (A) The federal financial participation matching funds associated with the rate increase are no longer available; or (B) the user fee created pursuant to section 17b-320 is not in effect. For the fiscal year ending June 30, 2007, rates in effect for the period ending June 30, 2006, shall remain in effect until September 30, 2006, except any facility that would have been issued a lower rate effective July 1, 2006, than for the fiscal year ending June 30, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2006. Effective October 1, 2006, no facility shall receive a rate that is more than four per cent greater than the rate in effect for the facility on September 30, 2006, except for any facility that would have been issued a lower rate effective October 1, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective October 1, 2006. For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect for the period ending June 30, 2009, shall remain in effect until June 30, 2011, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 2011, due to interim rate status or agreement with the department, shall be issued such lower rate, except (i) any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 2011, due to interim rate status or agreement with the Commissioner of Social Services shall be issued such lower rate; and (ii) the commissioner may increase a facility's rate for reasonable costs associated with such facility's compliance with the provisions of section 19a-495a concerning the administration of medication by unlicensed personnel. For the fiscal year ending June 30, 2012, rates in effect for the period ending June 30, 2011, shall remain in effect until June 30, 2012, except that (I) any facility that would have been issued a lower rate for the fiscal year ending June 30, 2012, due to interim rate status or agreement with the Commissioner of Social Services shall be issued such lower rate; and (II) the commissioner may increase a facility's rate for reasonable costs associated with such facility's compliance with the provisions of section 19a-495a concerning the administration of medication by unlicensed personnel. For the fiscal year ending June 30, 2013, the Commissioner of Social Services may, within available appropriations, provide a rate increase to a residential care home. Any facility that would have been issued a lower rate for the fiscal year ending June 30, 2013, due to interim rate status or agreement with the Commissioner of Social Services shall be issued such lower rate. For the fiscal years ending June 30, 2012, and June 30, 2013, the Commissioner of Social Services may provide fair rent increases to any facility that has undergone a material change in circumstances related to fair rent and has an approved certificate of need pursuant to section 17b-352, 17b-353, 17b-354 or 17b-355. For the fiscal years ending June 30, 2014, and June 30, 2015, for those facilities that have a calculated rate greater than the rate in effect for the fiscal year ending June 30, 2013, the commissioner may increase facility rates based upon available appropriations up to a stop gain as determined by the commissioner. No facility shall be issued a rate that is lower than the rate in effect on June 30, 2013, except that any facility that would have been issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal year ending June 30, 2015, due to interim rate status or agreement with the commissioner, shall be issued such lower rate. For the fiscal year ending June 30, 2014, and each fiscal year thereafter, a residential care home shall receive a rate increase for any capital improvement made during the fiscal year for the health and safety of residents and approved by the Department of Social Services, provided such rate increase is within available appropriations. For the fiscal year ending June 30, 2015, and each succeeding fiscal year thereafter, costs of less than ten thousand dollars that are incurred by a facility and are associated with any land, building or nonmovable equipment repair or improvement that are reported in the cost year used to establish the facility's rate shall not be capitalized for a period of more than five years for rate-setting purposes. For the fiscal year ending June 30, 2015, subject to available appropriations, the commissioner may, at the commissioner's discretion: Increase the inflation cost limitation under subsection (c) of section 17-311-52 of the regulations of Connecticut state agencies, provided such inflation allowance factor does not exceed a maximum of five per cent; establish a minimum rate of return applied to real property of five per cent inclusive of assets placed in service during cost year 2013; waive the standard rate of return under subsection (f) of section 17-311-52 of the regulations of Connecticut state agencies for ownership changes or health and safety improvements that exceed one hundred thousand dollars and that are required under a consent order from the Department of Public Health; and waive the rate of return adjustment under subsection (f) of section 17-311-52 of the regulations of Connecticut state agencies to avoid financial hardship. For the fiscal years ending June 30, 2016, and June 30, 2017, rates shall not exceed those in effect for the period ending June 30, 2015, except the commissioner may, in the commissioner's discretion and within available appropriations, provide pro rata fair rent increases to facilities which have documented fair rent additions placed in service in cost report years ending September 30, 2014, and September 30, 2015, that are not otherwise included in rates issued. For the fiscal years ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, any facility that would have been issued a lower rate, due to interim rate status, a change in allowable fair rent or agreement with the department, shall be issued such lower rate. For the fiscal year ending June 30, 2018, rates shall not exceed those in effect for the period ending June 30, 2017, except the commissioner may, in the commissioner's discretion and within available appropriations, provide pro rata fair rent increases to facilities which have documented fair rent additions placed in service in the cost report year ending September 30, 2016, that are not otherwise included in rates issued. For the fiscal year ending June 30, 2019, rates shall not exceed those in effect for the period ending June 30, 2018, except the commissioner may, in the commissioner's discretion and within available appropriations, provide pro rata fair rent increases to facilities which have documented fair rent additions placed in service in the cost report year ending September 30, 2017, that are not otherwise included in rates issued.
Sec. 45. Subdivision (4) of subsection (f) of section 17b-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(4) For the fiscal year ending June 30, 1992, (A) no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1991; (B) no facility whose rate, if determined pursuant to this subsection, would exceed one hundred twenty per cent of the state-wide median rate, as determined pursuant to this subsection, shall receive a rate which is five and one-half per cent more than the rate it received for the rate year ending June 30, 1991; and (C) no facility whose rate, if determined pursuant to this subsection, would be less than one hundred twenty per cent of the state-wide median rate, as determined pursuant to this subsection, shall receive a rate which is six and one-half per cent more than the rate it received for the rate year ending June 30, 1991. For the fiscal year ending June 30, 1993, no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1992, or six per cent more than the rate it received for the rate year ending June 30, 1992. For the fiscal year ending June 30, 1994, no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1993, or six per cent more than the rate it received for the rate year ending June 30, 1993. For the fiscal year ending June 30, 1995, no facility shall receive a rate that is more than five per cent less than the rate it received for the rate year ending June 30, 1994, or six per cent more than the rate it received for the rate year ending June 30, 1994. For the fiscal years ending June 30, 1996, and June 30, 1997, no facility shall receive a rate that is more than three per cent more than the rate it received for the prior rate year. For the fiscal year ending June 30, 1998, a facility shall receive a rate increase that is not more than two per cent more than the rate that the facility received in the prior year. For the fiscal year ending June 30, 1999, a facility shall receive a rate increase that is not more than three per cent more than the rate that the facility received in the prior year and that is not less than one per cent more than the rate that the facility received in the prior year, exclusive of rate increases associated with a wage, benefit and staffing enhancement rate adjustment added for the period from April 1, 1999, to June 30, 1999, inclusive. For the fiscal year ending June 30, 2000, each facility, except a facility with an interim rate or replaced interim rate for the fiscal year ending June 30, 1999, and a facility having a certificate of need or other agreement specifying rate adjustments for the fiscal year ending June 30, 2000, shall receive a rate increase equal to one per cent applied to the rate the facility received for the fiscal year ending June 30, 1999, exclusive of the facility's wage, benefit and staffing enhancement rate adjustment. For the fiscal year ending June 30, 2000, no facility with an interim rate, replaced interim rate or scheduled rate adjustment specified in a certificate of need or other agreement for the fiscal year ending June 30, 2000, shall receive a rate increase that is more than one per cent more than the rate the facility received in the fiscal year ending June 30, 1999. For the fiscal year ending June 30, 2001, each facility, except a facility with an interim rate or replaced interim rate for the fiscal year ending June 30, 2000, and a facility having a certificate of need or other agreement specifying rate adjustments for the fiscal year ending June 30, 2001, shall receive a rate increase equal to two per cent applied to the rate the facility received for the fiscal year ending June 30, 2000, subject to verification of wage enhancement adjustments pursuant to subdivision (14) of this subsection. For the fiscal year ending June 30, 2001, no facility with an interim rate, replaced interim rate or scheduled rate adjustment specified in a certificate of need or other agreement for the fiscal year ending June 30, 2001, shall receive a rate increase that is more than two per cent more than the rate the facility received for the fiscal year ending June 30, 2000. For the fiscal year ending June 30, 2002, each facility shall receive a rate that is two and one-half per cent more than the rate the facility received in the prior fiscal year. For the fiscal year ending June 30, 2003, each facility shall receive a rate that is two per cent more than the rate the facility received in the prior fiscal year, except that such increase shall be effective January 1, 2003, and such facility rate in effect for the fiscal year ending June 30, 2002, shall be paid for services provided until December 31, 2002, except any facility that would have been issued a lower rate effective July 1, 2002, than for the fiscal year ending June 30, 2002, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2002, and have such rate increased two per cent effective June 1, 2003. For the fiscal year ending June 30, 2004, rates in effect for the period ending June 30, 2003, shall remain in effect, except any facility that would have been issued a lower rate effective July 1, 2003, than for the fiscal year ending June 30, 2003, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2003. For the fiscal year ending June 30, 2005, rates in effect for the period ending June 30, 2004, shall remain in effect until December 31, 2004, except any facility that would have been issued a lower rate effective July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2004. Effective January 1, 2005, each facility shall receive a rate that is one per cent greater than the rate in effect December 31, 2004. Effective upon receipt of all the necessary federal approvals to secure federal financial participation matching funds associated with the rate increase provided in this subdivision, but in no event earlier than July 1, 2005, and provided the user fee imposed under section 17b-320 is required to be collected, for the fiscal year ending June 30, 2006, the department shall compute the rate for each facility based upon its 2003 cost report filing or a subsequent cost year filing for facilities having an interim rate for the period ending June 30, 2005, as provided under section 17-311-55 of the regulations of Connecticut state agencies. For each facility not having an interim rate for the period ending June 30, 2005, the rate for the period ending June 30, 2006, shall be determined beginning with the higher of the computed rate based upon its 2003 cost report filing or the rate in effect for the period ending June 30, 2005. Such rate shall then be increased by eleven dollars and eighty cents per day except that in no event shall the rate for the period ending June 30, 2006, be thirty-two dollars more than the rate in effect for the period ending June 30, 2005, and for any facility with a rate below one hundred ninety-five dollars per day for the period ending June 30, 2005, such rate for the period ending June 30, 2006, shall not be greater than two hundred seventeen dollars and forty-three cents per day and for any facility with a rate equal to or greater than one hundred ninety-five dollars per day for the period ending June 30, 2005, such rate for the period ending June 30, 2006, shall not exceed the rate in effect for the period ending June 30, 2005, increased by eleven and one-half per cent. For each facility with an interim rate for the period ending June 30, 2005, the interim replacement rate for the period ending June 30, 2006, shall not exceed the rate in effect for the period ending June 30, 2005, increased by eleven dollars and eighty cents per day plus the per day cost of the user fee payments made pursuant to section 17b-320 divided by annual resident service days, except for any facility with an interim rate below one hundred ninety-five dollars per day for the period ending June 30, 2005, the interim replacement rate for the period ending June 30, 2006, shall not be greater than two hundred seventeen dollars and forty-three cents per day and for any facility with an interim rate equal to or greater than one hundred ninety-five dollars per day for the period ending June 30, 2005, the interim replacement rate for the period ending June 30, 2006, shall not exceed the rate in effect for the period ending June 30, 2005, increased by eleven and one-half per cent. Such July 1, 2005, rate adjustments shall remain in effect unless (i) the federal financial participation matching funds associated with the rate increase are no longer available; or (ii) the user fee created pursuant to section 17b-320 is not in effect. For the fiscal year ending June 30, 2007, each facility shall receive a rate that is three per cent greater than the rate in effect for the period ending June 30, 2006, except any facility that would have been issued a lower rate effective July 1, 2006, than for the rate period ending June 30, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2006. For the fiscal year ending June 30, 2008, each facility shall receive a rate that is two and nine-tenths per cent greater than the rate in effect for the period ending June 30, 2007, except any facility that would have been issued a lower rate effective July 1, 2007, than for the rate period ending June 30, 2007, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2007. For the fiscal year ending June 30, 2009, rates in effect for the period ending June 30, 2008, shall remain in effect until June 30, 2009, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2009, due to interim rate status or agreement with the department shall be issued such lower rate. For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect for the period ending June 30, 2009, shall remain in effect until June 30, 2011, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 2011, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2012, and June 30, 2013, rates in effect for the period ending June 30, 2011, shall remain in effect until June 30, 2013, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2012, or the fiscal year ending June 30, 2013, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal year ending June 30, 2014, the department shall determine facility rates based upon 2011 cost report filings subject to the provisions of this section and applicable regulations except: (I) A ninety per cent minimum occupancy standard shall be applied; (II) no facility shall receive a rate that is higher than the rate in effect on June 30, 2013; and (III) no facility shall receive a rate that is more than four per cent lower than the rate in effect on June 30, 2013, except that any facility that would have been issued a lower rate effective July 1, 2013, than for the rate period ending June 30, 2013, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2013. For the fiscal year ending June 30, 2015, rates in effect for the period ending June 30, 2014, shall remain in effect until June 30, 2015, except any facility that would have been issued a lower rate effective July 1, 2014, than for the rate period ending June 30, 2014, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2014. For the fiscal years ending June 30, 2016, and June 30, 2017, rates shall not exceed those in effect for the period ending June 30, 2015, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2015, if the commissioner provides, within available appropriations, pro rata fair rent increases, which may, at the discretion of the commissioner, include increases for facilities which have undergone a material change in circumstances related to fair rent additions or moveable equipment placed in service in cost report years ending September 30, 2014, and September 30, 2015, and not otherwise included in rates issued. For the fiscal years ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, any facility that would have been issued a lower rate, due to interim rate status [, a change in allowable fair rent] or agreement with the department, shall be issued such lower rate. For the fiscal year ending June 30, 2018, facilities that received a rate decrease due to the expiration of a 2015 fair rent asset shall receive a rate increase of an equivalent amount effective July 1, 2017. For the fiscal year ending June 30, 2018, the department shall determine facility rates based upon 2016 cost report filings subject to the provisions of this section and applicable regulations, provided no facility shall receive a rate that is higher than the rate in effect on December 31, 2016, and no facility shall receive a rate that is more than two per cent lower than the rate in effect on December 31, 2016. For the fiscal year ending June 30, 2019, no facility shall receive a rate that is higher than the rate in effect on June 30, 2018, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2018, if the commissioner provides, within available appropriations, pro rata fair rent increases, which may, at the discretion of the commissioner, include increases for facilities which have undergone a material change in circumstances related to fair rent additions or moveable equipment placed in service in the cost report year ending September 30, 2017, and not otherwise included in rates issued. The Commissioner of Social Services shall add fair rent increases to any other rate increases established pursuant to this subdivision for a facility which has undergone a material change in circumstances related to fair rent, except for the fiscal years ending June 30, 2010, June 30, 2011, and June 30, 2012, such fair rent increases shall only be provided to facilities with an approved certificate of need pursuant to section 17b-352, 17b-353, 17b-354 or 17b-355. For the fiscal year ending June 30, 2013, the commissioner may, within available appropriations, provide pro rata fair rent increases for facilities which have undergone a material change in circumstances related to fair rent additions placed in service in cost report years ending September 30, 2008, to September 30, 2011, inclusive, and not otherwise included in rates issued. For the fiscal years ending June 30, 2014, and June 30, 2015, the commissioner may, within available appropriations, provide pro rata fair rent increases, which may include moveable equipment at the discretion of the commissioner, for facilities which have undergone a material change in circumstances related to fair rent additions or moveable equipment placed in service in cost report years ending September 30, 2012, and September 30, 2013, and not otherwise included in rates issued. The commissioner shall add fair rent increases associated with an approved certificate of need pursuant to section 17b-352, 17b-353, 17b-354 or 17b-355. Interim rates may take into account reasonable costs incurred by a facility, including wages and benefits. Notwithstanding the provisions of this section, the Commissioner of Social Services may, subject to available appropriations, increase or decrease rates issued to licensed chronic and convalescent nursing homes and licensed rest homes with nursing supervision. Notwithstanding any provision of this section, the Commissioner of Social Services shall, effective July 1, 2015, within available appropriations, adjust facility rates in accordance with the application of standard accounting principles as prescribed by the commissioner, for each facility subject to subsection (a) of this section. Such adjustment shall provide a pro-rata increase based on direct and indirect care employee salaries reported in the 2014 annual cost report, and adjusted to reflect subsequent salary increases, to reflect reasonable costs mandated by collective bargaining agreements with certified collective bargaining agents, or otherwise provided by a facility to its employees. For purposes of this subsection, "employee" shall not include a person employed as a facility's manager, chief administrator, a person required to be licensed as a nursing home administrator or any individual who receives compensation for services pursuant to a contractual arrangement and who is not directly employed by the facility. The commissioner may establish an upper limit for reasonable costs associated with salary adjustments beyond which the adjustment shall not apply. Nothing in this section shall require the commissioner to distribute such adjustments in a way that jeopardizes anticipated federal reimbursement. Facilities that receive such adjustment but do not provide increases in employee salaries as described in this subsection on or before July 31, 2015, may be subject to a rate decrease in the same amount as the adjustment by the commissioner. Of the amount appropriated for this purpose, no more than nine million dollars shall go to increases based on reasonable costs mandated by collective bargaining agreements.
Sec. 46. Subdivision (13) of subsection (f) of section 17b-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(13) For the fiscal year ending June 30, [1994] 2014, and any succeeding fiscal year, for purposes of computing minimum allowable patient days, utilization of a facility's certified beds shall be determined at a minimum of [ninety-five] ninety per cent of capacity, except for new facilities and facilities which are certified for additional beds which may be permitted a lower occupancy rate for the first three months of operation after the effective date of licensure.
Sec. 47. Subsection (g) of section 17b-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(g) For the fiscal year ending June 30, 1993, any intermediate care facility for individuals with intellectual disabilities with an operating cost component of its rate in excess of one hundred forty per cent of the median of operating cost components of rates in effect January 1, 1992, shall not receive an operating cost component increase. For the fiscal year ending June 30, 1993, any intermediate care facility for individuals with intellectual disabilities with an operating cost component of its rate that is less than one hundred forty per cent of the median of operating cost components of rates in effect January 1, 1992, shall have an allowance for real wage growth equal to thirty per cent of the increase determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, provided such operating cost component shall not exceed one hundred forty per cent of the median of operating cost components in effect January 1, 1992. Any facility with real property other than land placed in service prior to October 1, 1991, shall, for the fiscal year ending June 30, 1995, receive a rate of return on real property equal to the average of the rates of return applied to real property other than land placed in service for the five years preceding October 1, 1993. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the rate of return on real property for property items shall be revised every five years. The commissioner shall, upon submission of a request, allow actual debt service, comprised of principal and interest, in excess of property costs allowed pursuant to section 17-311-52 of the regulations of Connecticut state agencies, provided such debt service terms and amounts are reasonable in relation to the useful life and the base value of the property. For the fiscal year ending June 30, 1995, and any succeeding fiscal year, the inflation adjustment made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies shall not be applied to real property costs. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the allowance for real wage growth, as determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, shall not be applied. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, no rate shall exceed three hundred seventy-five dollars per day unless the commissioner, in consultation with the Commissioner of Developmental Services, determines after a review of program and management costs, that a rate in excess of this amount is necessary for care and treatment of facility residents. For the fiscal year ending June 30, 2002, rate period, the Commissioner of Social Services shall increase the inflation adjustment for rates made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies to update allowable fiscal year 2000 costs to include a three and one-half per cent inflation factor. For the fiscal year ending June 30, 2003, rate period, the commissioner shall increase the inflation adjustment for rates made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies to update allowable fiscal year 2001 costs to include a one and one-half per cent inflation factor, except that such increase shall be effective November 1, 2002, and such facility rate in effect for the fiscal year ending June 30, 2002, shall be paid for services provided until October 31, 2002, except any facility that would have been issued a lower rate effective July 1, 2002, than for the fiscal year ending June 30, 2002, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2002, and have such rate updated effective November 1, 2002, in accordance with applicable statutes and regulations. For the fiscal year ending June 30, 2004, rates in effect for the period ending June 30, 2003, shall remain in effect, except any facility that would have been issued a lower rate effective July 1, 2003, than for the fiscal year ending June 30, 2003, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2003. For the fiscal year ending June 30, 2005, rates in effect for the period ending June 30, 2004, shall remain in effect until September 30, 2004. Effective October 1, 2004, each facility shall receive a rate that is five per cent greater than the rate in effect September 30, 2004. Effective upon receipt of all the necessary federal approvals to secure federal financial participation matching funds associated with the rate increase provided in subdivision (4) of subsection (f) of this section, but in no event earlier than October 1, 2005, and provided the user fee imposed under section 17b-320 is required to be collected, each facility shall receive a rate that is four per cent more than the rate the facility received in the prior fiscal year, except any facility that would have been issued a lower rate effective October 1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate status or agreement with the department, shall be issued such lower rate effective October 1, 2005. Such rate increase shall remain in effect unless: (1) The federal financial participation matching funds associated with the rate increase are no longer available; or (2) the user fee created pursuant to section 17b-320 is not in effect. For the fiscal year ending June 30, 2007, rates in effect for the period ending June 30, 2006, shall remain in effect until September 30, 2006, except any facility that would have been issued a lower rate effective July 1, 2006, than for the fiscal year ending June 30, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2006. Effective October 1, 2006, no facility shall receive a rate that is more than three per cent greater than the rate in effect for the facility on September 30, 2006, except any facility that would have been issued a lower rate effective October 1, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective October 1, 2006. For the fiscal year ending June 30, 2008, each facility shall receive a rate that is two and nine-tenths per cent greater than the rate in effect for the period ending June 30, 2007, except any facility that would have been issued a lower rate effective July 1, 2007, than for the rate period ending June 30, 2007, due to interim rate status, or agreement with the department, shall be issued such lower rate effective July 1, 2007. For the fiscal year ending June 30, 2009, rates in effect for the period ending June 30, 2008, shall remain in effect until June 30, 2009, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2009, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect for the period ending June 30, 2009, shall remain in effect until June 30, 2011, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 2011, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal year ending June 30, 2012, rates in effect for the period ending June 30, 2011, shall remain in effect until June 30, 2012, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2012, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2014, and June 30, 2015, rates shall not exceed those in effect for the period ending June 30, 2013, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2013, if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2014, or June 30, 2015, [only] to the extent such rate increases are within available appropriations. Any facility that would have been issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal year ending June 30, 2015, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2016, and June 30, 2017, rates shall not exceed those in effect for the period ending June 30, 2015, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2015, if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2016, or June 30, 2017, [only] to the extent such rate increases are within available appropriations. For the fiscal years ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, any facility that would have been issued a lower rate, due to interim rate status, a change in allowable fair rent or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2018, and June 30, 2019, rates shall not exceed those in effect for the period ending June 30, 2017, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2017, if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2018, or June 30, 2019, only to the extent such rate increases are within available appropriations. Any facility that has a significant decrease in land and building costs shall receive a reduced rate to reflect such decrease in land and building costs. For the fiscal years ending June 30, 2012, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, [and] June 30, 2017, June 30, 2018, and June 30, 2019, the Commissioner of Social Services may provide fair rent increases to any facility that has undergone a material change in circumstances related to fair rent and has an approved certificate of need pursuant to section 17b-352, 17b-353, 17b-354 or 17b-355. Notwithstanding the provisions of this section, the Commissioner of Social Services may, within available appropriations, increase or decrease rates issued to intermediate care facilities for individuals with intellectual disabilities to reflect a reduction in available appropriations as provided in subsection (a) of this section. For the fiscal years ending June 30, 2014, and June 30, 2015, the commissioner shall not consider rebasing in determining rates.
Sec. 48. (Effective from passage) Notwithstanding the provisions of section 17a-17 of the general statutes, for the fiscal years ending June 30, 2018, and June 30, 2019, the provisions of said section shall not be considered in any increases or decreases to residential rates or allowable per diem payments to private residential treatment centers licensed pursuant to section 17a-145 of the general statutes.
Sec. 49. Subsection (a) of section 17b-282c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) All nonemergency dental services provided under the Department of Social Services' dental programs, as described in section 17b-282b, shall be subject to prior authorization. Nonemergency services that are exempt from the prior authorization process shall include diagnostic, prevention, basic restoration procedures and nonsurgical extractions that are consistent with standard and reasonable dental practices. Payment for nonemergency dental services shall not exceed one thousand dollars per calendar year for an individual adult, provided services determined to be medically necessary, as defined in section 17b-259b, including dentures, shall not be subject to such payment cap. Dental benefit limitations shall apply to each client regardless of the number of providers serving the client. The commissioner may recoup payments for services that are determined not to be for an emergency condition or otherwise in excess of what is medically necessary. The commissioner shall periodically, but not less than quarterly, review payments for emergency dental services and basic restoration procedures for appropriateness of payment. For the purposes of this section, "emergency condition" means a dental condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate dental attention to result in placing the health of the individual, or with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy, cause serious impairment to body functions or cause serious dysfunction of any body organ or part.
Sec. 50. Section 17b-256f of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
The Commissioner of Social Services shall [increase income disregards used to determine eligibility by the Department of Social Services] establish eligibility for the federal Qualified Medicare Beneficiary, the Specified Low-Income Medicare Beneficiary and the Qualifying Individual programs, administered in accordance with the provisions of 42 USC 1396d(p), by such amounts that shall result in persons with income that is (1) less than [two hundred eleven] one hundred per cent of the federal poverty level qualifying for the Qualified Medicare Beneficiary program, (2) at or above [two hundred eleven] one hundred per cent of the federal poverty level but less than [two hundred thirty-one] one hundred twenty per cent of the federal poverty level qualifying for the Specified Low-Income Medicare Beneficiary program, and (3) at or above [two hundred thirty-one] one hundred twenty per cent of the federal poverty level but less than [two hundred forty-six] one hundred thirty-five per cent of the federal poverty level qualifying for the Qualifying Individual program. The commissioner shall not apply an asset test for eligibility under the Medicare Savings Program. The commissioner shall not consider as income Aid and Attendance pension benefits granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran. The Commissioner of Social Services, pursuant to section 17b-10, may implement policies and procedures to administer the provisions of this section while in the process of adopting such policies and procedures in regulation form, provided the commissioner prints notice of the intent to adopt the regulations [in the Connecticut Law Journal] on the department's Internet web site and the eRegulations System not later than twenty days after the date of implementation. Such policies and procedures shall be valid until the time final regulations are adopted.
Sec. 51. Subsection (a) of section 10-76d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) In accordance with the regulations and procedures established by the Commissioner of Education and approved by the State Board of Education, each local or regional board of education shall provide the professional services requisite to identification of children requiring special education, identify each such child within its jurisdiction, determine the eligibility of such children for special education pursuant to sections 10-76a to 10-76h, inclusive, prescribe appropriate educational programs for eligible children, maintain a record thereof and make such reports as the commissioner may require. No child may be required to obtain a prescription for a substance covered by the Controlled Substances Act, 21 USC 801 et seq., as amended from time to time, as a condition of attending school, receiving an evaluation under section 10-76ff or receiving services pursuant to sections 10-76a to 10-76h, inclusive, or the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time.
(2) Not later than December 1, 2017, each local and regional board of education shall (A) enroll as a provider in the state medical assistance program, (B) participate in the Medicaid School Based Child Health Program administered by the Department of Social Services, and (C) submit billable service information electronically to the Department of Social Services, or its billing agent.
(3) Any local or regional board of education may enter into an agreement with a third-party vendor or another local or regional board of education to comply with the requirements of subdivision (2) of this subsection. Such agreement may provide that costs for services provided on behalf of a local or regional board of education shall be paid from the grant received pursuant to subdivision (5) of this subsection and shall be contingent on receipt of funds from such grant in an amount sufficient to cover the cost of providing such service. Notwithstanding the provisions of section 17b-99, the Commissioner of Social Services shall not assess or extrapolate any overpayments to any third-party provider that contracts with the local or regional board of education to provide Medicaid services, when the error is determined by the department to be caused by (A) a clerical error; (B) information provided by the local or regional board of education; or (C) another third-party vendor in the submission of billable service information.
[(2) Any] (4) Each local or regional board of education, through the planning and placement team established in accordance with regulations adopted by the State Board of Education under this section, [may] shall determine a child's Medicaid enrollment status. In determining Medicaid enrollment status, the planning and placement team shall: (A) Inquire of the parents or guardians of each such child whether the child is enrolled in or may be eligible for Medicaid; and (B) if the child may be eligible for Medicaid, (i) request that the parent or guardian of the child apply for Medicaid, and (ii) comply with the requirements under 34 CFR 300.154, as amended from time to time, prior to billing for services under the Medicaid School Based Child Health Program administered by the Department of Social Services. For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on a representative cost sampling method, the board of education shall make available documentation of the provision and costs of Medicaid eligible special education and related services for any students receiving such services, regardless of an individual student's Medicaid enrollment status, to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed. For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on an actual cost method, the local or regional board of education shall submit documentation of the costs and utilization of Medicaid eligible special education and related services for all students receiving such services to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed. The commissioner or such agent may use information received from local or regional boards of education for the purposes of [(i)] (I) ascertaining students' Medicaid eligibility status, [(ii)] (II) submitting Medicaid claims, [(iii)] (III) complying with state and federal audit requirements, and [(iv)] (IV) determining Medicaid rates for Medicaid eligible special education and related services. No child shall be denied special education and related services in the event the parent or guardian refuses to apply for Medicaid.
[(3)] (5) Beginning with the fiscal year ending June 30, 2004, the Commissioner of Social Services shall make grant payments to local or regional boards of education in amounts representing fifty per cent of the federal portion of Medicaid claims processed for Medicaid eligible special education and related services provided to Medicaid eligible students in the school district. Beginning with the fiscal year ending June 30, 2009, the commissioner shall exclude any enhanced federal medical assistance percentages in calculating the federal portion of such Medicaid claims processed. Such grant payments shall be made on at least a quarterly basis and may represent estimates of amounts due to local or regional boards of education. Any grant payments made on an estimated basis, including payments made by the Department of Education for the fiscal years prior to the fiscal year ending June 30, 2000, shall be subsequently reconciled to grant amounts due based upon filed and accepted Medicaid claims and Medicaid rates. If, upon review, it is determined that a grant payment or portion of a grant payment was made for ineligible or disallowed Medicaid claims, the local or regional board of education shall reimburse the Department of Social Services for any grant payment amount received based upon ineligible or disallowed Medicaid claims.
[(4)] (6) Pursuant to federal law, the Commissioner of Social Services, as the state's Medicaid agent, shall determine rates for Medicaid eligible special education and related services pursuant to subdivision [(2)] (4) of this subsection. The Commissioner of Social Services may request and the Commissioner of Education and towns and regional school districts shall provide information as may be necessary to set such rates.
[(5)] (7) Based on school district special education and related services expenditures, the state's Medicaid agent shall report and certify to the federal Medicaid authority the state match required by federal law to obtain Medicaid reimbursement of eligible special education and related services costs.
[(6)] (8) Payments received pursuant to this section shall be paid to the local or regional board of education which has incurred such costs in addition to the funds appropriated by the town to such board for the current fiscal year.
[(7)] (9) The planning and placement team shall, in accordance with the provisions of the Individuals With Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, develop and update annually a statement of transition service needs for each child requiring special education.
[(8)] (10) (A) Each local and regional board of education responsible for providing special education and related services to a child or pupil shall notify the parent or guardian of a child who requires or who may require special education, a pupil if such pupil is an emancipated minor or eighteen years of age or older who requires or who may require special education or a surrogate parent appointed pursuant to section 10-94g, in writing, at least five school days before such board proposes to, or refuses to, initiate or change the child's or pupil's identification, evaluation or educational placement or the provision of a free appropriate public education to the child or pupil.
(B) Upon request by a parent, guardian, pupil or surrogate parent, the responsible local or regional board of education shall provide such parent, guardian, pupil or surrogate parent an opportunity to meet with a member of the planning and placement team designated by such board prior to the referral planning and placement team meeting at which the assessments and evaluations of the child or pupil who requires or may require special education is presented to such parent, guardian, pupil or surrogate parent for the first time. Such meeting shall be for the sole purpose of discussing the planning and placement team process and any concerns such parent, guardian, pupil or surrogate parent has regarding the child or pupil who requires or may require special education.
(C) Such parent, guardian, pupil or surrogate parent shall (i) be given at least five school days' prior notice of any planning and placement team meeting conducted for such child or pupil, (ii) have the right to be present at and participate in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, and (iii) have the right to have advisors of such person's own choosing and at such person's own expense, and to have the school paraprofessional assigned to such child or pupil, if any, to be present at and to participate in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised.
(D) Immediately upon the formal identification of any child as a child requiring special education and at each planning and placement team meeting for such child, the responsible local or regional board of education shall inform the parent or guardian of such child or surrogate parent or, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil of (i) the laws relating to special education, (ii) the rights of such parent, guardian, surrogate parent or pupil under such laws and the regulations adopted by the State Board of Education relating to special education, including the right of a parent, guardian or surrogate parent to (I) withhold from enrolling such child in kindergarten, in accordance with the provisions of section 10-184, and (II) have advisors and the school paraprofessional assigned to such child or pupil to be present at, and to participate in, all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, in accordance with the provisions of subparagraph (C) of this subdivision, and (iii) any relevant information and resources relating to individualized education programs created by the Department of Education, including, but not limited to, information relating to transition resources and services for high school students. If such parent, guardian, surrogate parent or pupil does not attend a planning and placement team meeting, the responsible local or regional board of education shall mail such information to such person.
(E) Each local and regional board of education shall have in effect at the beginning of each school year an educational program for each child or pupil who has been identified as eligible for special education.
(F) At each initial planning and placement team meeting for a child or pupil, the responsible local or regional board of education shall inform the parent, guardian, surrogate parent or pupil of the laws relating to physical restraint and seclusion pursuant to section 10-236b and the rights of such parent, guardian, surrogate parent or pupil under such laws and the regulations adopted by the State Board of Education relating to physical restraint and seclusion.
(G) Upon request by a parent, guardian, pupil or surrogate parent, the responsible local or regional board of education shall provide the results of the assessments and evaluations used in the determination of eligibility for special education for a child or pupil to such parent, guardian, surrogate parent or pupil at least three school days before the referral planning and placement team meeting at which such results of the assessments and evaluations will be discussed for the first time.
[(9)] (11) Notwithstanding any provision of the general statutes, for purposes of Medicaid reimbursement, when recommended by the planning and placement team and specified on the individualized education program, a service eligible for reimbursement under the Medicaid program shall be deemed to be authorized by a practitioner of the healing arts under 42 CFR 440.130, provided such service is recommended by an appropriately licensed or certified individual and is within the individual's scope of practice. Certain items of durable medical equipment, recommended pursuant to the provisions of this subdivision, may be subject to prior authorization requirements established by the Commissioner of Social Services. Diagnostic and evaluation services eligible for reimbursement under the Medicaid program and recommended by the planning and placement team shall also be deemed to be authorized by a practitioner of the healing arts under 42 CFR 440.130 provided such services are recommended by an appropriately licensed or certified individual and are within the individual's scope of practice.
[(10)] (12) The Commissioner of Social Services shall implement the policies and procedures necessary for the purposes of this subsection while in the process of adopting such policies and procedures in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days of implementing the policies and procedures. Such policies and procedures shall be valid until the time final regulations are effective.
Sec. 52. Subsection (d) of section 10-76d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) To meet its obligations under sections 10-76a to 10-76g, inclusive, any local or regional board of education may make agreements with another such board or subject to the consent of the parent or guardian of any child affected thereby, make agreements with any private school or with any public or private agency or institution, including a group home to provide the necessary programs or services, but no expenditures made pursuant to a contract with a private school, agency or institution for such special education shall be paid under the provisions of section 10-76g, unless (1) such contract includes a description of the educational program and other treatment the child is to receive, a statement of minimal goals and objectives which it is anticipated such child will achieve and an estimated time schedule for returning the child to the community or transferring such child to another appropriate facility, (2) subject to the provisions of this subsection, the educational needs of the child for whom such special education is being provided cannot be met by public school arrangements in the opinion of the commissioner who, before granting approval of such contract for purposes of payment, shall consider such factors as the particular needs of the child, the appropriateness and efficacy of the program offered by such private school, agency or institution, and the economic feasibility of comparable alternatives, and (3) commencing with the 1987-1988 school year and for each school year thereafter, each such private school, agency or institution has been approved for special education by the Commissioner of Education or by the appropriate agency for facilities located out of state, except as provided in subsection (b) of this section. Notwithstanding the provisions of subdivision (2) of this subsection or any regulations adopted by the State Board of Education setting placement priorities, placements pursuant to this section and payments under section 10-76g may be made pursuant to such a contract if the public arrangements are more costly than the private school, institution or agency, provided the private school, institution or agency meets the educational needs of the child and its program is appropriate and efficacious. Notwithstanding the provisions of this subsection to the contrary, nothing in this subsection shall (A) require the removal of a child from a nonapproved facility if the child was placed there prior to July 7, 1987, pursuant to the determination of a planning and placement team that such a placement was appropriate and such placement was approved by the Commissioner of Education, or (B) prohibit the placement of a child at a nonapproved facility if a planning and placement team determines prior to July 7, 1987, that the child be placed in a nonapproved facility for the 1987-1988 school year. Each child placed in a nonapproved facility as described in subparagraphs (A) and (B) of subdivision (3) of this subsection may continue at the facility provided the planning and placement team or hearing officer appointed pursuant to section 10-76h determines that the placement is appropriate. Expenditures incurred by any local or regional board of education to maintain children in nonapproved facilities as described in said subparagraphs (A) and (B) shall be paid pursuant to the provisions of section 10-76g. Any local or regional board of education may enter into a contract with the owners or operators of any sheltered workshop or rehabilitation center for provision of an education occupational training program for children requiring special education who are at least sixteen years of age, provided such workshop or institution shall have been approved by the appropriate state agency. Whenever any child is identified by a local or regional board of education as a child requiring special education and [said] such board of education determines that the requirements for special education could be met by a program provided within the district or by agreement with another board of education except for the child's need for services other than educational services such as medical, psychiatric or institutional care or services, [said] such board of education may meet its obligation to furnish special education for such child by paying the reasonable cost of special education instruction in a private school, hospital or other institution provided [said] such board of education or the commissioner concurs that placement in such institution is necessary and proper and no state institution is available to meet such child's needs. Any such private school, hospital or other institution receiving such reasonable cost of special education instruction by such board of education shall submit all required documentation to such board of education for purposes of submitting claims to the Medicaid School Based Child Health Program administered by the Department of Social Services.
Sec. 53. Subsection (d) of section 10-76b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) The State Board of Education shall ensure that local and regional boards of education are providing the information described in subparagraph (D) of subdivision [(8)] (10) of subsection (a) of section 10-76d to the parent or guardian of a child requiring special education or the surrogate parent appointed pursuant to section 10-94g and, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil.
Sec. 54. Section 17b-221b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
For the fiscal year ending June 30, 2002, and each fiscal year thereafter, all federal matching funds received by the Department of Social Services for special-education-related services rendered in schools pursuant to section 10-76d shall be deposited in the General Fund and credited to a nonlapsing account in the Department of Social Services. Sixty per cent of such funds shall be expended by the Department of Social Services for payment of grants to towns pursuant to subdivision [(3)] (5) of subsection (a) of section 10-76d, and the remaining funds shall be available for expenditure by the Department of Social Services for the payment of Medicaid claims.
Sec. 55. Subsection (b) of section 13b-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The remaining resources of the Special Transportation Fund shall, pursuant to appropriation thereof in accordance with chapter 50 and subject to approval by the Governor of allotment thereof, be applied and expended for (1) payment of the principal of and interest on "general obligation bonds of the state issued for transportation purposes", as defined in subsection (c) of this section, or any obligations refunding the same, (2) payment of state budget appropriations made to or for the Department of Transportation and the Department of Motor Vehicles, (3) payment of state budget appropriations made to or for the Department of Emergency Services and Public Protection for members of the Division of State Police designated by the Commissioner of Emergency Services and Public Protection for motor patrol work pursuant to section 29-4, except that (A) for the fiscal years commencing on or after July 1, 1998, excluding the highway motor patrol budgeted expenses, and (B) for the fiscal years commencing on or after July 1, 1999, excluding the highway motor patrol fringe benefits, and (4) payment to the Department of Energy and Environmental Protection for purposes of regulation and enforcement of chapter 268. [, and (5) payment to the Department of Social Services for purposes of the transportation for employment independence program.]
Sec. 56. (Effective from passage) Notwithstanding the provisions of section 5-217 of the general statutes, the Commissioner of Administrative Services may continue or extend any candidate list that was scheduled to expire on or after June 7, 2017, to a date not later than December 31, 2018.
Sec. 57. (Effective from passage) The Legislative Commissioners' Office shall, in codifying the provisions of this act, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this act, including, but not limited to, correcting inaccurate internal references.
Sec. 58. Section 2 of public act 17-192 is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For the purposes of this section, "transportation project" means any transportation planning or capital project undertaken by the state on or after July 1, 2018, that expands capacity on a limited access highway, transit or railroad system or parking facility or is estimated to cost one hundred fifty million dollars or more, but does not mean any transportation project undertaken by the state on or after July 1, 2018, that the Commissioner of Transportation finds is necessary to maintain the state's infrastructure in good repair and estimates to cost less than one hundred fifty million dollars.
(b) The Commissioner of Transportation, in consultation with the Commissioners of Economic and Community Development, Housing and Energy and Environmental Protection, the Secretary of the Office of Policy and Management and the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, shall develop a method to assess each transportation project to determine the impact of such transportation project on economic development, transit-oriented development, housing development, access to employment, the environment, traffic congestion and public safety.
(c) On or before February 1, 2018, the commissioner shall submit, in accordance with section 11-4a of the general statutes, such assessment method to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. Not later than sixty days after the receipt of such assessment method, said committee shall meet to approve or reject such assessment method and advise the commissioner of said committee's approval or rejection. If said committee fails to approve or reject such assessment method within sixty days of such receipt, such assessment method shall be deemed approved. Such assessment method shall become effective when approved by an affirmative vote of said committee or deemed approved. In the event that such assessment method is rejected, such assessment method shall be returned to the commissioner for revisions and resubmitted to said committee not later than thirty days after such rejection.
(d) On and after July 1, 2018, the commissioner shall assess each transportation project using the assessment method approved pursuant to subsection (c) of this section. The commissioner shall not include a transportation project in the Department of Transportation's five-year transportation capital plan for the state unless the assessment of such transportation project is completed.
(e) The commissioner shall submit the assessment of each transportation project to the Transportation Policy Advisory Council established pursuant to section 1 of [this act] public act 17-192 and post such assessments on the Department of Transportation's Internet web site.
(f) The Department of Transportation shall not submit a request for appropriations or authorization of bonds for a transportation project to the General Assembly unless the commissioner has submitted the assessment of such transportation project pursuant to subsection (e) of this section. [The provisions of this subsection do not apply to a transportation project undertaken by the department provided the commissioner finds such project is necessary to maintain the state's transportation infrastructure in good repair and such project does not add capacity to a limited access highway, transit or railroad system or parking facility and is estimated to cost less than one hundred fifty million dollars.]
(g) On or before January 1, 2019, and annually thereafter, the commissioner shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, on the assessments of transportation projects completed in the previous calendar year.
Sec. 59. (Effective from passage) (a) There is established the Teachers' Retirement System Viability Commission, which shall consist of the members of the Teachers' Retirement Board, as established pursuant to section 10-183l of the general statutes, and a global consulting firm with significant experience and expertise in human resources, talent development and health and retirement benefits and investments, contracted in accordance with the following:
(1) Not later than sixty days after the effective date of this section, the Secretary of the Office of Policy and Management shall, within available appropriations, contract with a global consulting firm with significant experience and expertise in human resources, talent development and health and retirement benefits and investments. If, not later than sixty days after the effective date of this section, the secretary has not contracted with such a consulting firm pursuant to this section, the Office of Legislative Management shall contract with such a consulting firm.
(2) The Secretary of the Office of Policy and Management or the executive director of the Office of Legislative Management, as the case may be, shall identify candidates with significant experience to perform the duties of the global consulting firm pursuant to this section through the solicitation of qualifications and any other factor that may bear on the ability to perform such duties. The secretary or the executive director, as the case may be, shall select and contract with the consulting firm through the solicitation of bids for the performance of such duties from not less than four of the candidates so identified. Each solicitation and any response to any such solicitation shall be made in writing. Notwithstanding any provision of the general statutes, any such contract shall not be deemed a personal service agreement for purposes of chapter 55a of the general statutes and shall not be subject to the provisions of chapter 58 or 62 of the general statutes.
(3) If the Secretary of the Office of Policy and Management contracts with a consulting firm pursuant to this section, the Governor, with the approval of the Finance Advisory Committee, shall transfer any funds appropriated to the Office of Legislative Management for the purpose of contracting with such consulting firm to the Office of Policy and Management. If the Office of Legislative Management contracts with a consulting firm pursuant to this section, the funds appropriated to the Office of Legislative Management for the purpose of contracting with such consulting firm shall be retained by the Office of Legislative Management.
(4) The state may accept gifts, grants and donations designated for the purposes of contracting with the consulting firm pursuant to this section, provided the state shall not accept any such gift, grant or donation from any candidate identified pursuant to subdivision (2) of this subsection.
(b) The commission shall develop and implement a plan to maintain the financial viability of the Connecticut teachers' retirement system, established under section 10-183c of the general statutes. In developing such plan, the commission shall give significance to the financial capability of the state, which shall include: (1) The fiscal health of the state; (2) the balance in the Budget Reserve Fund, established under section 4-30a of the general statutes; (3) the short and long-term liabilities of the state, including, but not limited to, the state's ability to meet minimum funding levels required by law, contract or court order; (4) the state's initial budgeted revenue for the state for the previous five fiscal years as compared to the actual revenue received by the state for such fiscal years; (5) state revenue projections for the fiscal years during the period in which the proposed plan is to be in operation; (6) the economic outlook for the state; and (7) the state's access to capital markets. The financial capability of the state shall not include the state's ability to raise revenue through new or increased taxes. The commission shall hold at least one public hearing and solicit the input of members, as defined in section 10-183b of the general statutes, of the teachers' retirement system in developing such plan.
(c) Not later than ninety days after a contract is entered into with such consulting firm, the commission shall submit such plan, and any proposed legislation necessary for the further implementation of such plan, to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a of the general statutes. The commission shall terminate not later than one year after the date it submits such report.
Sec. 60. (Effective from passage) The University of Connecticut Health Center board of directors, established pursuant to subsection (c) of section 10a-104 of the general statutes, shall seek to establish public-private partnerships with hospitals or other private entities selected by the board. Not later than April 1, 2018, the board shall submit a report concerning the status of such partnerships and any recommended legislation to the joint standing committees of the General Assembly having cognizance of matters relating to higher education, public health and appropriations, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 61. Subsection (o) of section 10-264l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(o) For the school years commencing July 1, 2009, to July 1, [2016] 2018, inclusive, any local or regional board of education operating an interdistrict magnet school pursuant to the [2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended] decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, shall not charge tuition for any student enrolled in a preschool program or in kindergarten to grade twelve, inclusive, in an interdistrict magnet school operated by such school district, except the Hartford school district may charge tuition for any student enrolled in the Great Path Academy.
Sec. 62. Subsection (b) of section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) (1) Notwithstanding the application date requirements of this section, at any time within the limit of available grant authorization and within the limit of appropriated funds, the Commissioner of Administrative Services, in consultation with the Commissioner of Education, may approve applications for grants [to] and make payments for such grants, for any of the following reasons: (A) To assist school building projects to remedy damage from fire and catastrophe, (B) to correct safety, health and other code violations, (C) to replace roofs, including the replacement or installation of skylights as part of the roof replacement project, (D) to remedy a certified school indoor air quality emergency, (E) to install insulation for exterior walls and attics, or (F) to purchase and install a limited use and limited access elevator, windows, photovoltaic panels, wind generation systems, building management systems, a public school administrative or service facility or portable classroom buildings, [at any time within the limit of available grant authorization and make payments thereon within the limit of appropriated funds,] provided portable classroom building projects shall not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, as determined by the commissioner.
(2) Not later than seven calendar days following the discovery of a reason described in subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, the superintendent of schools of a town or regional school district shall notify the Commissioner of Administrative Services in writing of such reason in order to be eligible for a grant under this subsection. Such superintendent shall submit an application to the commissioner not later than six months following such notification in order to receive a grant under this subsection.
Sec. 63. Subsection (c) of section 10-287 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) If the [commissioner] Commissioner of Administrative Services determines that a building project has not met the approved conditions of the original application, the [State Board of Education] Department of Administrative Services may withhold subsequent state grant payments for said project until appropriate action, as determined by the commissioner, is taken to cause the building project to be in compliance with the approved conditions or may require repayment of all state grant payments for said project when such appropriate action is not undertaken within a reasonable time.
Sec. 64. Section 10-287i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
A grant under this chapter for any school building project authorized by the General Assembly on or after July 1, 1996, or for any project for which application is made pursuant to subsection (b) of section 10-283, on or after July 1, 1997, shall be paid as follows: Applicants shall request progress payments for the state share of eligible project costs calculated pursuant to sections 10-65, 10-76e and 10-286, at such time and in such manner as the Commissioner of Administrative Services shall prescribe provided no payments shall commence until the applicant has filed a notice of authorization of funding for the local share of project costs, and provided further no payments other than those for architectural planning and site acquisition shall be made prior to approval of the final architectural plans pursuant to section 10-292. The Department of Administrative Services shall withhold [five] eleven per cent of a grant pending completion of an audit pursuant to section 10-287 provided, if the department is unable to complete the required audit within six months of the date a request for final payment is filed, the applicant may have an independent audit performed and include the cost of such audit in the eligible project costs.
Sec. 65. Section 10-63f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Such withdrawal or dissolution shall not impair the obligation of the withdrawing town or the district to the holders of any bonds or other outstanding indebtedness issued prior to withdrawal or dissolution under authority of this part, including any responsibilities or financial obligations related to a school building project pursuant to chapter 173. The regional board of education and the board of education of the town or towns involved may make agreements for the payment of money to or from the district and said towns in accordance with the final plan of withdrawal, except any such agreement or final plan of withdrawal shall not relieve a withdrawing town from its responsibilities or financial obligations related to a school building project pursuant to chapter 173.
Sec. 66. Subdivision (1) of subsection (a) of section 10-285b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) Any incorporated or endowed high school or academy approved by the State Board of Education, pursuant to section 10-34, may apply and be eligible to subsequently [to] be considered for a school [construction] building project grant [commitments] commitment from the state, [pursuant to] provided the school building project complies with the provisions of this chapter.
Sec. 67. Subdivision (18) of section 10-282 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(18) "Renovation" means a school building project to [totally] refurbish an existing building [(A) which results in the renovated facility taking on a useful life comparable to that of a new facility and which will cost less than building a new facility as determined by the Department of Administrative Services, provided the school district may submit a feasibility study and cost analysis of the project prepared by an independent licensed architect to the department prior to final plan approval, (B) which] that was not renovated in accordance with this subdivision during the twenty-year period ending on the date of application, and [(C)] of which not less than seventy-five per cent of the facility to be renovated is at least [thirty] twenty years old, and that results in at least fifty-five per cent of the square footage of the completed building project being so renovated and the entire completed project having a useful life comparable to that of a new construction, and for which the total project costs of the renovation are less than the total project costs of a new construction;
Sec. 68. Subsection (a) of section 10-183l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to appointments made on and after said date):
(a) (1) On and after July 1, 1991, the management of the system shall continue to be vested in the Teachers' Retirement Board, whose members shall include the Treasurer, the Secretary of the Office of Policy and Management and the Commissioner of Education, or their designees, who shall be voting members of the board, ex officio. (2) On or before June 15, 1985, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, two persons to serve as members of said board for terms of four years beginning July first following such election. Both of such persons shall be active teachers who shall be nominated by the members of the system who are not retired and elected by all the members of the system. On or before July 1, 1991, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, three persons to serve as members of said board for terms of four years beginning July first following such election. Two of such persons shall be retired teachers who shall be nominated by the retired members of the system and elected by all the members of the system and one shall be an active teacher who shall be nominated by the members of the system who are not retired and elected by all the members of the system. (3) On or before July 1, 2011, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, one person to serve as a member of said board for a term of four years beginning July first following such election. Such person shall be an active teacher who shall be nominated by the members of the system who are not retired, elected by all the members of the system and a member of an exclusive representative of a teachers' bargaining unit that is not represented by the members of the board elected under subdivision (2) of this subsection. (4) If a vacancy occurs in the positions filled by the members of the system who are not retired, said board shall elect a member of the system who is not retired to fill the unexpired portion of the term. If a vacancy occurs in the positions filled by the retired members of the system, said board shall elect a retired member of the system to fill the unexpired portion of the term. The Governor shall appoint five public members to said board in accordance with the provisions of section 4-9a, one of whom shall be the mayor, first selectman or chief elected official of a municipality. On and after the effective date of this section, the Governor shall fill the next vacant position on the board that is appointed by the Governor with a person who is the mayor, first selectman or chief elected official of a municipality. The members of the board shall serve without compensation, but shall be reimbursed for any expenditures or loss of salary or wages which they incur through service on the board. All decisions of the board shall require the approval of six members of the board or a majority of the members who are present, whichever is greater.
Sec. 69. Subsection (a) of section 10-19o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Education shall establish a program to provide grants to youth service bureaus in accordance with this section. Only youth service bureaus which (1) were eligible to receive grants pursuant to this section for the fiscal year ending June 30, 2007, [or which] (2) applied for a grant by June 30, 2012, with prior approval of the town's contribution pursuant to subsection (b) of this section, [or which] (3) applied for a grant during the fiscal year ending June 30, 2015, or (4) applied for a grant during the fiscal year ending June 30, 2017, with prior approval of the town's contribution pursuant to subsection (b) of this section, shall be eligible for a grant pursuant to this section. [for any fiscal year commencing on or after July 1, 2012.] Each such youth service bureau shall receive, within available appropriations, a grant of fourteen thousand dollars. The Department of Education may expend an amount not to exceed two per cent of the amount appropriated for purposes of this section for administrative expenses. If there are any remaining funds, each such youth service bureau that was awarded a grant in excess of fifteen thousand dollars in the fiscal year ending June 30, 1995, shall receive a percentage of such funds. The percentage shall be determined as follows: For each such grant in excess of fifteen thousand dollars, the difference between the amount of the grant awarded to the youth service bureau for the fiscal year ending June 30, 1995, and fifteen thousand dollars shall be divided by the difference between the total amount of the grants awarded to all youth service bureaus that were awarded grants in excess of fifteen thousand dollars for said fiscal year and the product of fifteen thousand dollars and the number of such grants for said fiscal year.
Sec. 70. (Effective from passage) (a) For the purposes of this section, "special education predictable cost cooperative" means a special education funding model that (1) aggregates special education costs at the state level to compensate for volatility at the local level by (A) providing predictability to local and regional boards of education for special education costs, (B) maintaining current state funding for special education services, (C) differentiating funding based on student learning needs, (D) equitably distributing special education funding, (E) providing boards of education with flexibility and encouraging innovation, and (F) limiting local financial responsibility for students with extraordinary needs, (2) is funded by: (A) A community contribution from each school district, calculated based on the number of special education students enrolled in the school district and the school district's previous special education costs, with each town paying the community contribution of its resident students, reduced by an equity adjustment based on the town's ability to pay, and (B) the state contribution, which is a reallocation of the special education portion of the equalization aid grant and the excess cost grant, (3) provides all school districts with some state support for special education services, (4) ensures that a school district's community contribution will be lower than the actual per pupil special education cost of the school district, and (5) reimburses school districts for one hundred per cent of their actual special education costs for a fiscal year.
(b) There is established a task force to conduct a feasibility study regarding alternative methods for funding special education in the state, and addressing the factors impacting the increasing cost and predictability of special education services. Such feasibility study shall examine a special education predictable cost cooperative model and other alternative models for funding special education that are used in other states and shall include, but need not be limited to, the following:
(1) An actuarial analysis of such special education predictable cost cooperative model and alternative models;
(2) An explanation and demonstration of how (A) towns would contribute to such special education predictable cost cooperative model or alternative model, (B) towns would be compensated for special education costs under such special education cost cooperative model or alternative model, and (C) a town's compensation under such special education predictable cost cooperative model or alternative model would affect its required contribution in the subsequent fiscal year;
(3) A consideration and analysis of the possible legal status of the special education predictable cost cooperative model and alternative models, including, but not limited to, an independent state agency, a quasi-public agency, within an existing state agency a not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or a private entity;
(4) A consideration of the potential governance structure of such special education predictable cost cooperative model or alternative models, that may include (A) the process for nominating and selecting members of the board of directors and the executive administrator for such special education cost cooperative model or alternative model, (B) the number and composition of the members on the board of directors, (C) the qualifications for an executive administrator, who would be responsible for providing operational, financial and strategic support to such special education predictable cost cooperative model or alternative model, and (D) the accountability of the board of directors and executive administrator to the towns participating in such special education cost cooperative model or alternative model, including procedures for towns or boards of education to bring complaints or issues before the board of directors;
(5) A consideration of (A) the number of staff necessary to administer such special education predictable cost cooperative model or alternative model, (B) the costs associated with the hiring and employment of such staff, and (C) the funding source for hiring and employing such staff;
(6) An analysis of different models and sources for funding the required initial capital investment for such special education predictable cost cooperative model or alternative model, including the impact on state special education funding if fifty million dollars of state funds is used for such initial capital investment;
(7) A description of (A) a timeline for implementation of such special education predictable cost cooperative model or alternative model, (B) key dependencies and prerequisites for such implementation, such as the total number of towns voluntarily participating in such special education predictable cost cooperative model or alternative model needed for such special education predictable cost cooperative model or alternative model to function properly or whether participation in such special education predictable cost cooperative model or alternative model should be mandatory, and (C) contingency plans for any foreseeable problems arising from the implementation of such special education predictable cost cooperative model or alternative model; and
(8) An identification and analysis of state and federal law that would be involved in the creation and administration of such special education predictable cost cooperative model or alternative model, including (A) whether the Individuals With Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, permits a state to establish such special education predictable cost cooperative model or alternative model, (B) a framework for complying with regulatory requirements, such as underwriting services, legal counsel, actuarial services, investment management, accounting and auditing services, and maintenance of effort requirements prescribed by federal law, and (C) the accountability of such special education predictable cost cooperative model or alternative model to the General Assembly.
(c) The task force shall consist of the following members:
(1) A representative of the Connecticut Association of School Business Officials;
(2) A representative of the Connecticut Association of Public School Superintendents;
(3) A representative of the Connecticut Council of Administrators of Special Education;
(4) A representative of the Connecticut Association of Boards of Education;
(5) A representative of the Connecticut Captive Insurance Association;
(6) A representative of the Connecticut Association of Schools;
(7) A representative of the Connecticut Parent Advocacy Center;
(8) A representative of the Connecticut Conference of Municipalities;
(9) A representative of the RESC Alliance;
(10) A faculty member from the UConn Actuarial Science Program at The University of Connecticut;
(11) The Commissioner of Education, or the commissioner's designee; and
(12) The Secretary of the Office of Policy and Management, or the secretary's designee.
(d) The first meeting of the task force shall be held not later than thirty days after the effective date of this section. The chairperson of the task force shall be elected from among the members at the first meeting of the task force.
(e) In conducting such feasibility study, the task force shall not cause any state agency to incur costs of more than one thousand dollars, exclusive of any costs associated with reimbursing any staff person of such state agency for mileage expenses. The task force may also receive funds from any not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, or accept pro bono services from any public or private entity to conduct such feasibility study. The Office of Legislative Management shall assist the task force in administering any funds or services received or sought by the task force pursuant to this section.
(f) Not later than January 1, 2019, the task force shall submit such feasibility study and any recommendations for legislation to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on January 1, 2019.
Sec. 71. (NEW) (Effective from passage) (a) There is established the Connecticut Achievement and Resource Equity in Schools Commission to provide analysis and recommendations concerning state funding for education and resources needed to ensure that all public school students in the state have an opportunity to succeed. The commission shall develop a strategic plan that includes recommendations for implementing a system for distributing state public education funding, that (1) includes a funding formula that (A) makes use of an appropriate foundation level, (B) addresses the issue of unequal local tax burdens and reduces the reliance on unequal local property taxation to fund services, (C) increases equity and fairness, and (D) reduces segregation; (2) depends on a stable, fair, reliable and identifiable funding source; (3) addresses students' educational needs from preschool through grade twelve, and (4) provides predictability and sustainability in grant allocations to towns and school districts.
(b) The commission shall consist of the following members who shall reflect the state's geographic, population, socio-economic, racial and ethnic diversity:
(1) Two appointed by the speaker of the House of Representatives, one of whom is a representative of the Connecticut Association of Boards of Education and one of whom is a representative of the Connecticut Education Association;
(2) Two appointed by the president pro tempore of the Senate, one of whom is a representative of the RESC Alliance and one of whom is an economist with expertise in measures of poverty;
(3) Two appointed by the Senate Republican president pro tempore, one of whom is a representative of the Connecticut Federation of School Administrators and one of whom is a representative of a regional agricultural science and technology education center;
(4) Two appointed by the majority leader of the House of Representatives, one of whom is a representative of the Connecticut Association of Public School Superintendents and one of whom is a representative of the American Federation of Teachers-Connecticut;
(5) Two appointed by the majority leader of the Senate, one of whom is a representative of the Connecticut Conference of Municipalities and one of whom is a representative of the Connecticut Council of Administrators of Special Education;
(6) Two appointed by the deputy Senate Republican president pro tempore, one of whom is an employee of the bureau of choice programs within the Department of Education and one of whom is a representative of the Connecticut PTA;
(7) Two appointed by the minority leader of the House of Representatives, one of whom is a representative of the Connecticut Association of Schools and one of whom is a representative of the Connecticut Administrators of Programs for English Language Learners;
(8) One appointed jointly by the speaker of the House of Representatives and the minority leader of the House of Representatives who shall be a representative of the Connecticut Association of School Business Officials; and
(9) One appointed jointly by the president pro tempore of the Senate and the Senate Republican president pro tempore who shall be a representative of the State Education Resource Center.
(c) All appointments to the commission shall be made not later than thirty days after the effective date of this section. Except as otherwise provided in subsection (d) of this section, any vacancy shall be filled by the appointing authority.
(d) There shall be two chairpersons of the commission appointed as follows: (1) The speaker of the House of Representatives shall select a chairperson of the commission from among the members of the commission, and (2) the president pro tempore of the Senate and the Senate Republican president pro tempore shall jointly select the other chairperson of the commission from among the members of the commission. If the chairperson appointed pursuant to subdivision (2) of this subsection becomes vacant, the president pro tempore of the Senate and the Senate Republican president pro tempore, or the president pro tempore of the Senate, as the case may be, shall fill such vacancy. The chairpersons shall schedule the first meeting of the commission, which shall be held not later than sixty days after the effective date of this section.
(e) Not later than April 1, 2018, the commission shall submit a report on its findings and recommendations to the Governor, the Secretary of the Office of Policy and Management and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 72. Section 10-95 of the general statutes, as amended by section 1 of public act 17-237, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The State Board of Education may establish and maintain a state-wide system of technical education and career schools to be known as the Technical Education and Career System. The system shall be advised by a board that shall consist of eleven members as follows: (1) Four executives of Connecticut-based employers who shall be nominated by the Connecticut Employment and Training Commission established pursuant to section 31-3h, and appointed by the Governor, (2) five members appointed by the State Board of Education, (3) the Commissioner of Economic and Community Development, and (4) the Labor Commissioner. The Governor shall appoint the chairperson. The chairperson of the Technical Education and Career System [board] shall serve as a nonvoting ex-officio member of the State Board of Education.
(b) The Technical Education and Career System board shall offer full-time comprehensive secondary education, and may offer part-time and evening, programs in vocational, technical, technological and postsecondary education and training. The board may recommend to the superintendent of the Technical Education and Career System policies governing the admission of students to any [such] technical education and career school in compliance with state and federal law. The Commissioner of Education, in accordance with policies established by the board, may appoint and remove members of the staffs of such schools and make rules for the management of and expend the funds provided for the support of such schools.
(c) The board and the Commissioner of Education shall jointly recommend a candidate for superintendent of the [technical high school system] Technical Education and Career System who shall be appointed as superintendent by the State Board of Education. Such superintendent shall be responsible for the operation and administration of the [technical high school] system. The board may enter into cooperative arrangements with local and regional boards of education, private occupational schools, institutions of higher education, job training agencies and employers in order to provide general education, vocational, technical, technological or postsecondary education or work experience. The superintendent, in conjunction with the commissioner, may arrange for training to be provided to the board at such times, and on such matters, as are deemed appropriate to assist the board in the conduct of its business.
(d) If the New England Association of Schools and Colleges places a technical education and career school on probation or otherwise notifies the superintendent of the Technical Education and Career System that a technical education and career school is at risk of losing its accreditation, the Commissioner of Education, on behalf of the Technical Education and Career System board, shall notify the joint standing committee of the General Assembly having cognizance of matters relating to education of such placement or problems relating to accreditation.
(e) The Technical Education and Career System board shall establish specific achievement goals for students at the technical education and career schools at each grade level. The board shall measure the performance of each technical education and career school and shall identify a set of quantifiable measures to be used. The measures shall include factors such as the performance of students in grade ten or eleven on the mastery examination, under section 10-14n, trade-related assessment tests, dropout rates and graduation rates.
(f) The Technical Education and Career System board may accept gifts, grants and donations on behalf of the system, including, but not limited to, in-kind donations, designated for the purchase of equipment or materials, the hiring of teachers at a technical education and career school or the acquisition of real property and the construction of facilities, except no employee of the system may accept any gift, grant or donation as an individual, or on behalf of the system, that is for personal use. Any gift, grant or donation accepted on behalf of the system shall be in accordance with the state code of ethics for public officials set forth in chapter 10. The board shall submit quarterly reports to the Office of Policy and Management concerning all gifts, grants or donations received pursuant to this subsection.
Sec. 73. Section 10-95 of the general statutes, as amended by section 2 of public act 17-237 and section 72 of this act, is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
There is established a state-wide system of technical education and career schools to be known as the Technical Education and Career System. The Technical Education and Career System shall offer full-time comprehensive secondary education, and may offer part-time and evening, programs in vocational, technical, technological and postsecondary education and training.
Sec. 74. Section 4 of public act 17-237 is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
(a) The Technical Education and Career System shall be under the direction of the Executive Director of the Technical Education and Career System, whose appointment shall be made by the Governor. Such appointment shall be in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes. Any person appointed to be the executive director shall have experience with educational systems. The Executive Director of the Technical Education and Career System shall be responsible for the operation and administration and the financial accountability and oversight of the Technical Education and Career System in matters relating to the central office, system-wide management and other noneducational matters. The executive director shall organize the Technical Education and Career System into such bureaus, divisions and other units as may be necessary for the efficient conduct of the business of the system, and may, from time to time, create, abolish, transfer or consolidate within the system any bureau, division or other unit as may be necessary for the efficient conduct of the business of the system. The executive director may appoint, and may prescribe the duties of any subordinates, agents and employees as he or she finds necessary in the conduct of the system.
(b) The executive director shall review and approve all contracts for the Technical Education and Career System.
(c) The executive director may enter into cooperative arrangements with local and regional boards of education, private occupational schools, institutions of higher education, job training agencies and employers in order to provide (1) general education, (2) vocational, technical, technological or postsecondary education, and (3) work experience.
(d) The executive director may, upon approval of the board, accept gifts, grants and donations on behalf of the system, including, but not limited to, in-kind donations, designated for the purchase of equipment or materials, the hiring of teachers at a technical education and career school or the acquisition of real property and the construction of facilities, except no employee of the system may accept any gift, grant or donation as an individual, or on behalf of the system, that is for personal use. Any gift, grant or donation accepted on behalf of the system shall be in accordance with the state code of ethics for public officials set forth in chapter 10. The executive director shall submit quarterly reports to the Office of Policy and Management concerning all gifts, grants or donations received pursuant to this subsection.
(e) The executive director shall establish a master schedule for the Technical Education and Career System and may amend such master schedule from time to time.
(f) The executive director shall communicate directly with the Secretary of the Office of Policy and Management when requesting the creation or filling of staff positions included in the operating budget for the Technical Education and Career System. When reviewing such requests, priority shall be given to any request for instructional staff, as identified in the statement of staffing needs submitted by the superintendent of the Technical Education and Career System pursuant to section 10-99g of the general statutes, as amended by public act 17-237 and this act, and every effort shall be made to avoid interruption to instructional time during such review.
(g) If the New England Association of Schools and Colleges places a technical education and career school on probation or otherwise notifies the superintendent of the Technical Education and Career System that a technical education and career school is at risk of losing its accreditation, the executive director shall notify the Commissioner of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education of such placement or problems relating to accreditation.
Sec. 75. Section 12 of public act 17-237 is repealed and the following is substituted in lieu thereof (Effective from passage):
The Department of Education shall conduct a review of the admissions policy of the Technical Education and Career System. [as it relates to the enrollment of students with disabilities and students who are receiving or eligible to receive special education and related services.] Such review shall include, but need not be limited to, consideration of (1) applicable principles of state and federal law, (2) the purposes and public character of the Technical Education and Career System, [and] (3) the use of placement tests and wait lists, (4) the admissions policies relating to the enrollment of students with disabilities, students who are receiving or eligible to receive special education and related services, and students who are English language learners, as defined in section 10-76kk of the general statutes, (5) enrollment data of students receiving special education and related services in the Technical Education and Career System compared to state-wide and district averages, and (6) diversity standards for the inclusion of minority students, as defined in section 10-76kk of the general statutes. The department shall consult with the administrative and professional staff of the Technical Education and Career System in the review and any subsequent revisions to the admissions policy. Not later than January 15, 2018, the department shall submit such review, including any recommendations regarding modifications to the admissions policy or to any applicable statute or regulation, to the superintendent of the Technical Education and Career System, the Technical Education and Career System board, and the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 76. Section 13 of public act 17-237 is repealed and the following is substituted in lieu thereof (Effective from passage):
For the school year commencing July 1, 2018, and each school year thereafter, the Department of Education shall develop, and update as necessary, uniform standards and curriculum for all career technical education programs offered by local or regional boards of education. The department may adopt existing uniform standards and curriculum when developing such uniform standards and curriculum under this section. Such uniform standards and curriculum shall be aligned with any relevant professional certification requirements. The department shall make available, and provide technical assistance relating to the implementation of, such standards and curriculum to any local or regional board of education that offers a career technical education program.
Sec. 77. Section 14 of public act 17-237 is repealed and the following is substituted in lieu thereof (Effective from passage):
The Department of Education shall, within available appropriations, conduct an evaluation of any existing standards relating to career technical education used by the Technical Education and Career System. The evaluation shall examine whether such standards are (1) aligned with existing professional certification requirements, and (2) uniform across the Technical Education and Career System. Not later than October 1, 2018, the department shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 78. Section 15 of public act 17-237 is repealed and the following is substituted in lieu thereof (Effective from passage):
The superintendent of the Technical Education and Career System shall consult with each (1) regional community-technical college, and (2) local or regional board of education (A) for a town in which a technical education and career school is located, and (B) that offers any career technical education programs, for the purpose of establishing partnerships, reducing redundancies and consolidating programmatic offerings and to fulfill workforce needs in the state.
Sec. 79. Section 16 of public act 17-237 is repealed and the following is substituted in lieu thereof (Effective from passage):
For the fiscal year ending June 30, 2018, the State Board of Education shall hire a consultant to (1) assist the Technical Education and Career System board with the development of a transition plan for the Technical Education and Career System, [and] (2) identify and provide recommendations concerning which services could be provided more efficiently through or in conjunction with another local or regional board of education, municipality or state agency by means of a memorandum of understanding with the Technical Education and Career System, and (3) identify efficiencies, best practices and cost savings in procurement. Such consultant shall consult with the administrative and professional staff of the Technical Education and Career System in the development of the transition plan and recommendations described in subdivision (2) of this section. Not later than January 1, 2019, the state board shall submit a report on the transition plan and such identified services and any recommendations for legislation necessary to implement such transition plan and such identified services to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 80. Subsection (a) of section 10-4 of the general statutes, as amended by section 2 of public act 17-42 and section 19 of public act 17-237, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Said board shall have general supervision and control of the educational interests of the state, which interests shall include preschool, elementary and secondary education, special education, vocational education and adult education; shall provide leadership and otherwise promote the improvement of education in the state, including research, planning and evaluation and services relating to the provision and use of educational technology, including telecommunications, by school districts; shall adopt state-wide subject matter content standards, provided such standards are reviewed and revised at least once every ten years; shall prepare such courses of study and publish such curriculum guides including recommendations for textbooks, materials, instructional technological resources and other teaching aids as it determines are necessary to assist school districts to carry out the duties prescribed by law; shall conduct workshops and related activities, including programs of intergroup relations training, to assist teachers in making effective use of such curriculum materials and in improving their proficiency in meeting the diverse needs and interests of pupils; shall keep informed as to the condition, progress and needs of the schools in the state; shall develop or cause to be developed evaluation and assessment programs designed to measure objectively the adequacy and efficacy of the educational programs offered by public schools and shall selectively conduct such assessment programs annually and report, pursuant to subsection (b) of this section, to the joint standing committee of the General Assembly having cognizance of matters relating to education, on an annual basis; and shall establish and keep an inventory account, in accordance with the provisions of section 4-36, of all property owned and in the custody of the Department of Education, secure such inventory to prevent theft or loss and establish controls over the disposal of such inventory.
Sec. 81. Subsection (b) of section 10-1 of the general statutes, as amended by section 37 of public act 17-237, is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The Governor shall appoint, with the advice and consent of the General Assembly, the members of said board, provided each student member (1) is on the list submitted to the Governor pursuant to section 10-2a, (2) is enrolled in a public high school in the state, (3) has completed eleventh grade prior to the commencement of his term, (4) has at least a B plus average, and (5) provides at least three references from teachers in the school the student member is attending. The nonstudent members shall serve for terms of four years commencing on March first in the year of their appointment. The student members shall serve for terms of one year commencing on July first in the year of their appointment. The president of the Connecticut State Colleges and Universities and the [superintendent] chairperson of the Technical Education and Career System board shall serve as ex-officio members without a vote. Any vacancy in said State Board of Education shall be filled in the manner provided in section 4-19.
Sec. 82. Section 1 of public act 17-100 is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established a division of postsecondary educational programs within the [technical high school system established pursuant to section 10-95 of the general statutes] Technical Education and Career System. The division shall administer any postsecondary educational program that (1) was offered at a technical [high] education and career school during the school year commencing July 1, 2016, or (2) is approved by the [technical high school system] Technical Education and Career System board on or after [the effective date of this section] July 5, 2017.
(b) Any student admitted for enrollment in a postsecondary educational program administered by the division shall have a high school diploma or its equivalent, or be twenty-one years of age or older.
Sec. 83. Subsection (a) of section 10-285a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The percentage of school building project grant money a local board of education may be eligible to receive, under the provisions of section 10-286, shall be assigned by the Commissioner of Administrative Services in accordance with the percentage calculated by the Commissioner of Education as follows: (1) For grants approved pursuant to subsection (b) of section 10-283 for which application is made on and after July 1, 1991, and before July 1, 2011, (A) each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; and (B) based upon such ranking, a percentage of not less than twenty nor more than eighty shall be determined for each town on a continuous scale; [and] (2) for grants approved pursuant to subsection (b) of section 10-283 for which application is made on and after July 1, 2011, and before July 1, 2017, (A) each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261, and (B) based upon such ranking, (i) a percentage of not less than ten nor more than seventy shall be determined for new construction or replacement of a school building for each town on a continuous scale, and (ii) a percentage of not less than twenty nor more than eighty shall be determined for renovations, extensions, code violations, roof replacements and major alterations of an existing school building and the new construction or replacement of a school building when a town or regional school district can demonstrate that a new construction or replacement is less expensive than a renovation, extension or major alteration of an existing school building for each town on a continuous scale; and (3) for grants approved pursuant to subsection (b) of section 10-283 for which application is made on and after July 1, 2017, (A) each town shall be ranked in descending order from one to one hundred sixty-nine according to the adjusted equalized net grand list per capita, as defined in section 10-261, of the town two, three and four years prior to the fiscal year in which application is made, and (B) based upon such ranking, (i) a percentage of not less than ten nor more than seventy shall be determined for new construction or replacement of a school building for each town on a continuous scale, and (ii) a percentage of not less than twenty nor more than eighty shall be determined for renovations, extensions, code violations, roof replacements and major alterations of an existing school building and the new construction or replacement of a school building when a town or regional school district can demonstrate that a new construction or replacement is less expensive than a renovation, extension or major alteration of an existing school building for each town on a continuous scale.
Sec. 84. Subsection (a) of section 10-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Each local or regional board of education shall maintain good public elementary and secondary schools, implement the educational interests of the state, as defined in section 10-4a, and provide such other educational activities as in its judgment will best serve the interests of the school district; provided any board of education may secure such opportunities in another school district in accordance with provisions of the general statutes and shall give all the children of the school district, including children receiving alternative education, as defined in section 10-74j, as nearly equal advantages as may be practicable; shall provide an appropriate learning environment for all its students which includes (1) adequate instructional books, supplies, materials, equipment, staffing, facilities and technology, (2) equitable allocation of resources among its schools, (3) proper maintenance of facilities, and (4) a safe school setting; shall, in accordance with the provisions of subsection (f) of this section, maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee, as defined in section 53a-65, employed by the local or regional board of education; shall have charge of the schools of its respective school district; shall make a continuing study of the need for school facilities and of a long-term school building program and from time to time make recommendations based on such study to the town; shall adopt and implement an indoor air quality program that provides for ongoing maintenance and facility reviews necessary for the maintenance and improvement of the indoor air quality of its facilities; shall adopt and implement a green cleaning program, pursuant to section 10-231g, that provides for the procurement and use of environmentally preferable cleaning products in school buildings and facilities; on and after July 1, [2011] 2021, and [triennially] every five years thereafter, shall report to the Commissioner of Administrative Services on the condition of its facilities and the action taken to implement its long-term school building program, indoor air quality program and green cleaning program, which report the Commissioner of Administrative Services shall use to prepare a [triennial] report every five years that said commissioner shall submit in accordance with section 11-4a to the joint standing committee of the General Assembly having cognizance of matters relating to education; shall advise the Commissioner of Administrative Services of the relationship between any individual school building project pursuant to chapter 173 and such long-term school building program; shall have the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes and at all times shall insure all such buildings and all capital equipment contained therein against loss in an amount not less than eighty per cent of replacement cost; shall determine the number, age and qualifications of the pupils to be admitted into each school; shall develop and implement a written plan for minority staff recruitment for purposes of subdivision (3) of section 10-4a; shall employ and dismiss the teachers of the schools of such district subject to the provisions of sections 10-151 and 10-158a; shall designate the schools which shall be attended by the various children within the school district; shall make such provisions as will enable each child of school age residing in the district to attend some public day school for the period required by law and provide for the transportation of children wherever transportation is reasonable and desirable, and for such purpose may make contracts covering periods of not more than five years; may provide alternative education, in accordance with the provisions of section 10-74j, or place in another suitable educational program a pupil enrolling in school who is nineteen years of age or older and cannot acquire a sufficient number of credits for graduation by age twenty-one; may arrange with the board of education of an adjacent town for the instruction therein of such children as can attend school in such adjacent town more conveniently; shall cause each child five years of age and over and under eighteen years of age who is not a high school graduate and is living in the school district to attend school in accordance with the provisions of section 10-184, and shall perform all acts required of it by the town or necessary to carry into effect the powers and duties imposed by law.
Sec. 85. Subsection (a) of section 1 of public act 17-225 is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established a task force within the legislative branch to examine the use of body-worn recording equipment by state and municipal police in accordance with section 29-6d of the general statutes, as amended by [this act] public act 17-225. Such task force shall examine (1) whether such statute should be expanded or otherwise amended, including, but not limited to, a consideration of whether such statute or any other statute should address the use of electronic defense weapon recording equipment, as defined in section 7-277b of the general statutes, as amended by [this act] public act 17-225, (2) training associated with the use of such equipment, and (3) data storage and freedom of information issues associated with the data created by the use of such equipment.
Sec. 86. Subsection (e) of section 17a-210 of the general statutes, as amended by section 1 of public act 17-61, is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(e) Any person with intellectual disability, or the [parent, guardian, conservator or other] legal representative of such person, may request a hearing to contest the category assignment made by the department for persons seeking residential placement, residential services or residential support. A request for hearing shall be made, in writing, to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
Sec. 87. Section 17a-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There shall be a Department of Developmental Services. The Department of Developmental Services, with the advice of a Council on Developmental Services, shall be responsible for the planning, development and administration of complete, comprehensive and integrated state-wide services for persons with intellectual disability and persons medically diagnosed as having Prader-Willi syndrome. The Department of Developmental Services shall be under the supervision of a Commissioner of Developmental Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive. The Council on Developmental Services may advise the Governor on the appointment. The commissioner shall be a person who has background, training, education or experience in administering programs for the care, training, education, treatment and custody of persons with intellectual disability. The commissioner shall be responsible, with the advice of the council, for: (1) Planning and developing complete, comprehensive and integrated state-wide services for persons with intellectual disability; (2) the implementation and where appropriate the funding of such services; and (3) the coordination of the efforts of the Department of Developmental Services with those of other state departments and agencies, municipal governments and private agencies concerned with and providing services for persons with intellectual disability. The commissioner shall be responsible for the administration and operation of the state training school, state developmental services regions and all state-operated community-based residential facilities established for the diagnosis, care and training of persons with intellectual disability. The commissioner shall be responsible for establishing standards, providing technical assistance and exercising the requisite supervision of all state-supported residential, day and program support services for persons with intellectual disability and work activity programs operated pursuant to section 17a-226. The commissioner shall stimulate research by public and private agencies, institutions of higher education and hospitals, in the interest of the elimination and amelioration of intellectual disability and care and training of persons with intellectual disability. The commissioner shall conduct or monitor investigations into allegations of abuse and neglect and file reports as requested by state agencies having statutory responsibility for the conduct and oversight of such investigations. The commissioner shall receive and investigate complaints from persons with intellectual disabilities and persons receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, or legal representatives of such persons or from any other interested person. In the event of the death of a person with intellectual disability for whom the department has direct or oversight responsibility for medical care, the commissioner shall ensure that a comprehensive and timely review of the events, overall care, quality of life issues and medical care preceding such death is conducted by the department and shall, as requested, provide information and assistance to the Independent Mortality Review Board established by Executive Order No. [25] 57 of Governor [John G. Rowland] Dannel P. Malloy. The commissioner shall report to the board and the board shall review any death: (A) Involving an allegation of abuse or neglect; (B) for which the Office of the Chief Medical Examiner or local medical examiner has accepted jurisdiction; (C) in which an autopsy was performed; (D) which was sudden and unexpected; or (E) in which the commissioner's review raises questions about the appropriateness of care. The department's mortality review process and the Independent Mortality Review Board shall operate in accordance with the peer review provisions established under section 19a-17b for medical review teams and confidentiality of records provisions established under section 19a-25 for the Department of Public Health.
(b) The commissioner shall be responsible for the development of criteria as to the eligibility of any person with intellectual disability for residential care in any public or state-supported private [institution] facility and, after considering the recommendation of a properly designated diagnostic agency, may assign such person to a public or state-supported private [institution] facility. The commissioner may transfer such persons from one such [institution] facility to another when necessary and desirable for their welfare, provided such person and such person's [parent, conservator, guardian or other] legal representative receive written notice of their right to object to such transfer at least ten days prior to the proposed transfer of such person from any such [institution or] facility. Such prior notice shall not be required when transfers are made between residential units within the training school or a state developmental services region or when necessary to avoid a serious and immediate threat to the life or physical or mental health of such person or others residing in such [institution or] facility. The notice required by this subsection shall notify the recipient of his or her right to object to such transfer, except in the case of an emergency transfer as provided in this subsection, and shall include the name, address and telephone number of the [Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system. In the event of an emergency transfer, the notice required by this subsection shall notify the recipient of his or her right to request a hearing in accordance with subsection (c) of this section and shall be given within ten days following the emergency transfer. In the event of an objection to the proposed transfer, the commissioner shall conduct a hearing in accordance with subsection (c) of this section and the transfer shall be stayed pending final disposition of the hearing, provided no such hearing shall be required if the commissioner withdraws such proposed transfer.
(c) Any person with intellectual disability who is eighteen years of age or older and who resides at any [institution or] facility operated by the Department of Developmental Services, or the [parent, guardian, conservator or other] legal representative of any person with intellectual disability who resides at any such [institution or] facility, may object to any transfer of such person from one [institution or] facility to another for any reason other than a medical reason or an emergency, or may request such a transfer. In the event of any such objection or request, the commissioner shall conduct a hearing on such proposed transfer, provided no such hearing shall be required if the commissioner withdraws such proposed transfer. In any such transfer hearing, the proponent of a transfer shall have the burden of showing, by clear and convincing evidence, that the proposed transfer is in the best interest of the resident being considered for transfer and that the facility and programs to which transfer is proposed (1) are safe and effectively supervised and monitored, and (2) provide a greater opportunity for personal development than the resident's present setting. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(d) Any person with intellectual disability, or the [parent, guardian, conservator or other] legal representative of such person, may request a hearing for any final determination by the department that denies such person eligibility for programs and services of the department. A request for a hearing shall be made in writing to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(e) Any person with intellectual disability, or the [parent, guardian, conservator or other] legal representative of such person, may request a hearing to contest the priority assignment made by the department for persons seeking residential placement, residential services or residential support. A request for hearing shall be made, in writing, to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(f) Any person with intellectual disability or the [parent, guardian, conservator or other] legal representative of such person, may object to (1) a proposed approval by the department of a program for such person that includes the use of behavior-modifying medications or aversive procedures, or (2) a proposed determination of the department that community placement is inappropriate for such person placed under the direction of the commissioner. The department shall provide written notice of any such proposed approval or determination to the person, or to the [parent, guardian, conservator or other] legal representative of such person, at least ten days prior to making such approval or determination. In the event of an objection to such proposed approval or determination, the commissioner shall conduct a hearing in accordance with the provisions of chapter 54, provided no such hearing shall be required if the commissioner withdraws such proposed approval or determination.
Sec. 88. Section 46a-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
For the purposes of sections 46a-11a to 46a-11g, inclusive:
(1) "Abuse" means the wilful infliction of physical pain or injury or the wilful deprivation by a caretaker of services which are necessary to the person's health or safety;
(2) "Neglect" means a situation where a person with intellectual disability either is living alone and is not able to provide for himself or herself the services which are necessary to maintain his or her physical and mental health or is not receiving such necessary services from the caretaker;
(3) "Caretaker" means a person who has the responsibility for the care of a person with intellectual disability as a result of a family relationship or who has assumed the responsibility for the care of the person with intellectual disability voluntarily, by contract or by order of a court of competent jurisdiction. [Neither a guardian nor a conservator need be a caretaker] The legal representative of a person with intellectual disability need not be such person's caretaker;
[(4) "Conservator" means a conservator of the person or of the estate appointed pursuant to sections 45a-644 to 45a-662, inclusive;
(5) "Director" means the director of the Office of Protection and Advocacy for Persons with Disabilities;]
(4) "Commissioner" means the Commissioner of Developmental Services, or such commissioner's designee;
(5) "Evaluation report" means the written documentation of an investigation of abuse or neglect conducted by the Abuse Investigation Division of the Department of Developmental Services that includes, but is not limited to, the report of an allegation of abuse or neglect, evaluations, findings and recommended actions;
(6) "Facility" means any public or private hospital, nursing home facility, residential care home, training school, regional facility, group home, community companion home, school or other program serving persons with intellectual disability;
[(7) "Guardian" means the guardian or limited guardian of a person with intellectual disability appointed pursuant to sections 45a-669 to 45a-683, inclusive;]
(7) "Legal representative" means a plenary guardian or limited guardian of a person with intellectual disability appointed pursuant to sections 45a-669 to 45a-683, inclusive, or a conservator of the person or a conservator of the estate appointed pursuant to sections 45a-644 to 45a-662, inclusive;
(8) "Person with intellectual disability" means a person who: (A) Has intellectual disability, as provided in section 1-1g, (B) is at least the age of eighteen and under the age of sixty, except, for purposes of subsection (b) of section 46a-11c, is eighteen years of age or older, and (C) is substantially unable to protect himself or herself from abuse and includes all such persons living in residential facilities under the jurisdiction of the Department of Developmental Services;
(9) "Person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services" means an individual eighteen years of age to fifty-nine years of age, inclusive, who receives funding or services from said division; and
[(9)] (10) "Protective services" means services provided by the state or any other governmental or private organization or individual which are necessary to prevent abuse or neglect. Such services may include the provision of medical care for physical and mental health needs; the provision of support services in the facility, including the time limited placement of department staff in such facility; the relocation of a person with intellectual disability to a facility able to offer such care pursuant to section 17a-210, 17a-274 or 17a-277, as applicable; assistance in personal hygiene; food; clothing; adequately heated and ventilated shelter; protection from health and safety hazards; protection from maltreatment, the result of which includes, but is not limited to, malnutrition, deprivation of necessities or physical punishment; and transportation necessary to secure any of the above-stated services, except that this term shall not include taking such person into custody without consent. [;]
[(10) "Commissioner" means the Commissioner of Developmental Services; and
(11) "Individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services" means an individual eighteen years of age to sixty years of age, inclusive, who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services.]
Sec. 89. Section 46a-11b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, any person paid for caring for persons in any facility and any licensed practical nurse, medical examiner, dental hygienist, dentist, occupational therapist, optometrist, chiropractor, psychologist, podiatrist, social worker, school teacher, school principal, school guidance counselor, school paraprofessional, mental health professional, physician assistant, licensed or certified substance abuse counselor, licensed marital and family therapist, speech and language pathologist, clergyman, police officer, pharmacist, physical therapist, licensed professional counselor or sexual assault counselor or domestic violence counselor, as defined in section 52-146k, who has reasonable cause to suspect or believe that any person with intellectual disability or any [individual] person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services has been abused or neglected shall, as soon as practicable but not later than seventy-two hours after such person has reasonable cause to suspect or believe that a person with intellectual disability or any [individual] person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services has been abused or neglected, report such information or cause a report to be made in any reasonable manner to the [director or persons the director designates to receive such reports] commissioner. Such initial report shall be followed up by a written report not later than five calendar days after the initial report was made. Any person required to report under this subsection who fails to make such report shall be fined not more than five hundred dollars.
(b) Such report shall contain the name and address of the allegedly abused or neglected person, a statement from the person making the report indicating his or her belief that such person has intellectual disability or receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services, information supporting the supposition that such person is substantially unable to protect himself or herself from abuse or neglect, information regarding the nature and extent of the abuse or neglect and any other information that the person making such report believes might be helpful in an investigation of the case and the protection of such person with intellectual disability or who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services.
(c) Each facility, as defined in section 46a-11a, shall inform residents of their rights and the staff of their responsibility to report abuse or neglect and shall establish appropriate policies and procedures to facilitate such reporting.
(d) Any other person having reasonable cause to believe that a person with intellectual disability or [an individual] a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services is being or has been abused or neglected may report such information, in any reasonable manner, to the [director or to the director's designee] commissioner.
(e) Any person who makes any report pursuant to sections 46a-11a to 46a-11g, inclusive, or who testifies in any administrative or judicial proceeding arising from such report shall be immune from any civil or criminal liability on account of such report or testimony, except for liability for perjury, unless such person acted in bad faith or with malicious purpose. Any person who obstructs, hinders or endangers any person reporting or investigating abuse or neglect or providing protective services or who makes a report in bad faith or with malicious purpose and who is not subject to any other penalty shall be fined not more than five hundred dollars. No resident or employee of a facility, as defined in section 46a-11a, shall be subject to reprisal or discharge because of his actions in reporting pursuant to sections 46a-11a to 46a-11g, inclusive.
(f) For purposes of said sections, the treatment of any person with intellectual disability or any [individual] person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services by a Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute grounds for the implementation of protective services.
(g) When the [director of the Office of Protection and Advocacy for Persons with Disabilities or persons designated by said director are] commissioner is required to investigate or monitor abuse or neglect reports that are referred to the [Office of Protection and Advocacy for Persons with Disabilities] Department of Developmental Services from another agency, all provisions of this section shall apply to any investigation or monitoring of such case or report.
Sec. 90. Section 46a-11c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The [director] commissioner, upon receiving a report that a person with intellectual disability allegedly is being or has been abused or neglected, shall make an initial determination whether such person has intellectual disability, shall determine if the report warrants investigation and shall cause, in cases that so warrant, a prompt, thorough evaluation to be made to determine whether the person has intellectual disability and has been abused or neglected. For the purposes of sections 46a-11a to 46a-11g, inclusive, the determination of intellectual disability may be made by means of a review of records and shall not require the [director] commissioner to conduct a full psychological examination of the person. Any delay in making such determination of intellectual disability shall not delay the investigation of abuse or neglect or recommendation of provision of protective services. The evaluation shall include a visit to the named person with intellectual disability and consultation with those individuals having knowledge of the facts of the particular case. All state, local and private agencies shall have a duty to cooperate with any investigation conducted by the [Office of Protection and Advocacy for Persons with Disabilities] Department of Developmental Services under this section, including the release of complete [client] records of the named person for review, inspection and copying, except where the person with intellectual disability refuses to permit his or her record to be released. The [director] commissioner shall have subpoena powers to compel any information related to such investigation. All [client] records of the named person shall be kept confidential by said [office] department. Upon completion of the evaluation of each case, written findings shall be prepared which shall include a determination of whether abuse or neglect has occurred and recommendations as to whether protective services are needed. The [director] commissioner, except in cases where the [parent or guardian] legal representative is the alleged perpetrator of abuse or neglect or is residing with the alleged perpetrator, shall notify the [parents or guardian] legal representative, if any, of the person with intellectual disability if a report of abuse or neglect is made which the [director] commissioner determines warrants investigation. The [director] commissioner shall provide the [parents or guardians] legal representative who the [director] commissioner determines [are] is entitled to such information with further information upon request. The person filing the report of abuse or neglect shall be notified of the findings upon such person's request.
(b) The [director] commissioner, upon receiving a report that [an individual] a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services, allegedly is being or has been abused or neglected, shall make an initial determination whether such [individual] person receives funding or services from said division, shall determine if the report warrants investigation and shall cause, in cases that so warrant, a prompt, thorough evaluation, as described in subsection (b) of section 17a-247f, to be made by the Department of Developmental Services to determine whether the [individual] person has been abused or neglected.
(c) In cases where there is a death of a person with intellectual disability for whom the Department of Developmental Services has direct or oversight responsibility for medical care, and there is reasonable cause to suspect or believe that such death may be due to abuse or neglect, the [Commissioner of Developmental Services shall notify the director or the director's designee not later than twenty-four hours after the commissioner determines that there is reasonable cause to suspect or believe that such death may be due to abuse or neglect and the director] commissioner shall conduct an investigation to determine whether abuse or neglect occurred, except as may be otherwise required by court order. The [director, in consultation with the Commissioner of Developmental Services,] commissioner shall establish protocols for conducting such investigations.
(d) The [director] commissioner shall maintain [a state-wide registry of the reports received, the evaluation and findings and actions recommended] an electronic copy of the reports received of alleged abuse or neglect and all evaluation reports.
(e) Neither the original report of alleged abuse or neglect nor the evaluation report of the investigator which includes findings and recommendations shall be deemed a public record for purposes of section 1-210. The name of the person making the original report shall not be disclosed to any person unless the person making the original report consents to such disclosure or unless a judicial proceeding results therefrom.
Sec. 91. Section 46a-11d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) If it is determined by an investigation that a person with intellectual disability has been abused or neglected, the [director shall refer the case to the Department of Developmental Services for the development and implementation of] commissioner shall develop and implement a plan of protective services. [Said referral shall be accompanied by a copy of the evaluation report.] The name of the person making the report of abuse or neglect shall not be disclosed without his or her consent.
(b) If the caretaker of a person with intellectual disability who has consented to the receipt of protective services refuses to allow the provision of such services to such person, the commissioner may petition the Superior Court for an order enjoining the caretaker from interfering with the provision of protective services to the person. [with intellectual disability.] The petition shall allege specific facts sufficient to show that the person with intellectual disability is in need of protective services and consents to their provision and that the caretaker refuses to allow the provision of such services. If the court finds that the person [with intellectual disability] is in need of such services and has been prevented by the caretaker from receiving the same, the court may issue an order enjoining the caretaker from interfering with the provision of protective services to the person. [with intellectual disability.]
Sec. 92. Section 46a-11e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) If a person with intellectual disability does not consent to the receipt of protective services, or if such person withdraws his consent, such services shall not be provided or continued, except that if the commissioner has reason to believe that such person [with intellectual disability] lacks capacity to consent to or refuse such services, [he] the commissioner may petition the Probate Court for the appointment of a [guardian] legal representative. If any [guardian] legal representative, appointed pursuant to the provisions of this section, does not consent to the provision of such services, the commissioner may petition the Probate Court for the removal and replacement of [said guardian] such legal representative.
(b) The commissioner, shall, not later than fifteen calendar days after the [date of referral of any case for the provision of protective services, furnish the director with] completion and submission of the evaluation report, provide a written plan of services. [The director may comment on the proposed plan and recommend modifications. The commissioner shall cooperate with the director in resolving disagreements concerning the plan. Any comments made by the director shall be placed on file with the commissioner and the director.]
(c) If the [director] commissioner commences an investigation and finds that the person with intellectual disability is seriously in need of immediate protective services, [he] the commissioner shall [report the facts of the case to the commissioner and the commissioner shall] not delay the commencement of protective services pending the [full] completion of the evaluation report. [If the commissioner's proposed action involves the removal from his home of a person with intellectual disability under guardianship or of a person with intellectual disability who is competent and does not voluntarily consent to his removal, the commissioner shall follow the procedures mandated in section 17a-274.] If the commissioner's proposed action involves the removal of a person with intellectual disability from his or her home and such person is under legal representation or is competent and does not voluntarily consent to his or her removal, the commissioner shall follow the procedures mandated under section 17a-274.
Sec. 93. Section 46a-11f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Concurrent with the implementation of any protective services for which payment is required, an evaluation shall be undertaken by the commissioner regarding the ability of the person with intellectual disability to pay for the protective services. If the person is so able, procedures for reimbursement for the cost of providing the services shall be initiated. If it is determined that the person is not capable of paying for such services, the services shall be provided in accordance with policies and procedures established by the commissioner.
(b) Subsequent to the initial provision of protective services, the Department of Developmental Services shall review each case, including meeting with the person with intellectual disability at least once every six months, to determine whether continuation or modification of the services is warranted. [Said department shall advise the director relative to the continuation of protective services for each such person with intellectual disability. The commissioner may terminate protective services upon the request of the person with intellectual disability or his guardian, pursuant to section 46a-11e, or upon agreement by the commissioner and the director that such services are no longer required.] The commissioner may terminate protective services upon the commissioner's determination that such services are no longer required, or upon request of the person with intellectual disability or such person's legal representative pursuant to section 46a-11e.
(c) In performing the duties set forth in sections 17a-247f and 46a-11c to 46a-11g, inclusive, the [director] commissioner may request the assistance of the staffs and resources of all appropriate state departments, agencies, commissions and local health directors, and may utilize any other public or private agencies, groups or individuals who are appropriate and may be available.
Sec. 94. Section 46a-11g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
If, as a result of any investigation initiated under the provisions of sections 17a-247f and 46a-11a to 46a-11f, inclusive, a determination is made that a caretaker or other person has abused a person with intellectual disability or a person receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, the [director] commissioner shall refer such information in writing to the appropriate office of the state's attorney, which shall conduct such further investigation as may be deemed necessary and shall determine whether criminal proceedings should be initiated against such caretaker or other person, in accordance with applicable state law. If any initial investigation by the [director] commissioner discloses evidence of an immediate and serious threat to the health or life of a person with intellectual disability or a person receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, said [office] department shall immediately refer the matter to state or local police, as appropriate, who shall immediately investigate the matter. The commissioner shall notify the Commissioner of Social Services, or his or her designee, of any referral of information to the office of the state's attorney or to state or local police concerning an abuse or neglect investigation of a person receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services.
Sec. 95. Section 46a-11h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The name and address of and other personally identifiable information concerning a person whose death or serious injury is reported to the [Office of Protection and Advocacy for Persons with Disabilities] executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system, as required by the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 USC 15041 et seq., as amended from time to time, and any regulations promulgated thereunder, and as required by the Protection and Advocacy for Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended from time to time, and any regulations promulgated thereunder, pursuant to section 46a-153, the name and address of and other personally identifiable information concerning any person who provides information obtained by [the office] such nonprofit entity in the course of an investigation of any such report, and all confidential records obtained by [the office] such nonprofit entity in the course of any such investigation shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200. Nothing in this section shall be construed to prohibit [the office] such nonprofit entity from disclosing personally identifiable or confidential information with the consent of a person authorized by law to consent to the release of such information or from issuing reports to the public or providing information to policy-making bodies that contain statistical data, analysis or case studies, provided [the office] such nonprofit entity shall not disclose the identity of any person with [disabilities] a disability or any means of discovering such identity.
Sec. 96. Section 46a-13a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Each state, local or private agency responsible for the protection of persons with disabilities shall cooperate with any investigation conducted by the [Office of Protection and Advocacy for Persons with Disabilities] Department of Developmental Services and shall release client records for review and inspection by said [office] department. No such state, local or private agency shall release the records of a client without the express consent of such client or as otherwise provided by law.
Sec. 97. Section 17b-650a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is created a Department of Rehabilitation Services. The Department of Social Services shall provide administrative support services to the Department of Rehabilitation Services until the Department of Rehabilitation Services requests cessation of such services, or until June 30, 2013, whichever is earlier. The Department of Rehabilitation Services shall be responsible for providing the following: (1) Services to [the deaf and hearing impaired] persons who are deaf or hard of hearing; (2) services for [the blind and visually impaired] persons who are blind or visually impaired; and (3) rehabilitation services in accordance with the provisions of the general statutes concerning the Department of Rehabilitation Services. The Department of Rehabilitation Services shall constitute a successor authority to the Bureau of Rehabilitative Services in accordance with the provisions of sections 4-38d, 4-38e and 4-39.
(b) The department head shall be the Commissioner of Rehabilitation Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, and shall have the powers and duties described in said sections. The Commissioner of Rehabilitation Services shall appoint such persons as may be necessary to administer the provisions of public act 11-44 and the Commissioner of Administrative Services shall fix the compensation of such persons in accordance with the provisions of section 4-40. The Commissioner of Rehabilitation Services may create such sections within the Department of Rehabilitation Services as will facilitate such administration, including a disability determinations section for which one hundred per cent federal funds may be accepted for the operation of such section in conformity with applicable state and federal regulations. The Commissioner of Rehabilitation Services may adopt regulations, in accordance with the provisions of chapter 54, to implement the purposes of the department as established by statute.
(c) The Commissioner of Rehabilitation Services shall, annually, in accordance with section 4-60, submit to the Governor a report in electronic format on the activities of the Department of Rehabilitation Services relating to services provided by the department to [individuals] persons who (1) are blind or visually impaired, (2) are deaf or hard of hearing, [impaired,] or (3) receive vocational rehabilitation services. The report shall include the data the department provides to the federal government that relates to the evaluation standards and performance indicators for the vocational rehabilitation services program. The commissioner shall submit the report in electronic format, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies.
[(d) Effective July 1, 2017, the Department of Rehabilitation Services shall constitute a successor department, in accordance with the provisions of sections 4-38d and 4-39, to the Office of Protection and Advocacy for Persons with Disabilities with respect to investigations of allegations of abuse or neglect pursuant to sections 46a-11a to 46a-11f, inclusive.]
Sec. 98. (NEW) (Effective from passage) The Department of Developmental Services shall constitute a successor department, in accordance with the provisions of sections 4-38d and 4-39 of the general statutes, to the Office of Protection and Advocacy for Persons with Disabilities, with respect to investigations of allegations of abuse or neglect pursuant to sections 46a-11a to 46a-11h, inclusive, of the general statutes.
Sec. 99. (NEW) (Effective from passage) Any person who is the subject of an abuse or neglect investigation, such person's legal representative, or any other person interested in such investigation may contact the nonprofit entity designated by the Governor in accordance with section 46a-10b of the general statutes to serve as the Connecticut protection and advocacy system with any concerns with the conduct of such investigation. The Commissioner of Developmental Services shall not take or threaten to take any action against any such person who contacts such nonprofit entity with such concerns.
Sec. 100. Subsection (a) of section 54-142q of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) As used in this section, (1) "governing board" means the Criminal Justice Information System Governing Board established in this section, (2) "offender-based tracking system" means an information system that enables, as determined by the governing board and subject to this chapter, criminal justice agencies, as defined in subsection (b) of section 54-142g, the Division of Public Defender Services and the Office of the Federal Public Defender to share criminal history record information, as defined in subsection (a) of section 54-142g, and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, motor vehicle violations, motor vehicle offenses for which a sentence to a term of imprisonment may be imposed, and infractions, and (3) "criminal justice information systems" means the [offender-based tracking system and information systems among criminal justice agencies] information systems designed and implemented pursuant to section 54-142s.
Sec. 101. Subsection (h) of section 54-142q of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(h) A member of the governing board, a member of a permanent or an ad hoc committee established by the governing board, and any person operating and administering the [offender-based tracking] criminal justice information system shall be deemed to be "state officers and employees" for the purposes of chapter 53 and section 5-141d.
Sec. 102. Subsection (a) of section 54-142r of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any data in [the offender-based tracking] a criminal justice information system, as defined in section 54-142q, shall be available to the Commissioner of Administrative Services and the executive director of a division of or unit within the Judicial Department that oversees information technology, or to such persons' designees, for the purpose of maintaining and administering said system.
Sec. 103. Subsection (b) of section 54-142q of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) There shall be a Criminal Justice Information System Governing Board which shall be within the [Office of Policy and Management] Department of Emergency Services and Public Protection for administrative purposes only and shall oversee criminal justice information systems.
Sec. 104. Subsection (e) of section 54-142q of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) The governing board shall hire an executive director of the board who shall not be a member of the board and who shall serve at the pleasure of the board. The executive director shall be qualified by education, training or experience to oversee the design and implementation of a comprehensive, state-wide information technology system for the sharing of criminal justice information as provided in section 54-142s. The [Office of Policy and Management] Department of Emergency Services and Public Protection shall provide office space and such staff, supplies and services as necessary for the executive director to properly carry out his or her duties under this subsection.
Sec. 105. Subsection (b) of section 54-142r of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Any data in said system from an information system of a criminal justice agency, as defined in subsection (b) of section 54-142g, that is available to the public under the provisions of the Freedom of Information Act, as defined in section 1-200, shall be obtained from the agency from which such data originated. The [Secretary of the Office of Policy and Management] Commissioner of Emergency Services and Public Protection shall provide to any person who submits a request for such data to the Criminal Justice Information System Governing Board, pursuant to said act, the name and address of the agency from which such data originated.
Sec. 106. Subsection (c) of section 2-79a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) On or before [the second Wednesday after the convening of the 1998 regular session of the General Assembly] October 1, 2019, and every four years thereafter, the commission shall submit to the General Assembly a report which lists each existing state mandate, as defined in subsection (a) of section 2-32b, and which (1) categorizes each mandate as constitutional, statutory or executive, (2) provides the date of original enactment or issuance along with a brief description of the history of the mandate, and (3) analyzes the costs incurred by local governments in implementing the mandate. In each report the commission may also make recommendations on state mandates for consideration by the commission. On and after October 1, 1996, the report shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and budgets of state agencies, to any other joint standing committee of the General Assembly having cognizance and, upon request, to any member of the General Assembly. A summary of the report shall be submitted to each member of the General Assembly if the summary is two pages or less and a notification of the report shall be submitted to each member if the summary is more than two pages. Submission shall be by mailing the report, summary or notification to the legislative address of each member of the committees or the General Assembly, as applicable. The provisions of this subsection shall not be construed to prevent the commission from making more frequent recommendations on state mandates.
Sec. 107. Section 2-32c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[Not] On and after January 1, 2019, the Connecticut Advisory Commission on Intergovernmental Relations, established pursuant to section 2-79a, shall, not more than ninety days after adjournment of any regular or special session of the General Assembly or September first immediately following adjournment of a regular session, whichever is sooner, [the Connecticut Advisory Commission on Intergovernmental Relations, established pursuant to section 2-79a, shall] submit to the speaker of the House of Representatives, the president pro tempore of the Senate, the majority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives and the minority leader of the Senate a report which lists each state mandate enacted during said regular or special session of the General Assembly. Within five days of receipt of the report, the speaker and the president pro tempore shall submit the report to the Secretary of the Office of Policy and Management and refer each state mandate to the joint standing committee or select committee of the General Assembly having cognizance of the subject matter of the mandate. The secretary shall provide notice of the report to the chief elected official of each municipality.
Sec. 108. Section 12-7c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Revenue Services shall, on or before February 15, [2018] 2020, and biennially thereafter, submit to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding, and post on the department's Internet web site a report on the overall incidence of the income tax, sales and excise taxes, the corporation business tax and property tax. The report shall present information on the distribution of the tax burden as follows:
(1) For individuals:
(A) Income classes, including income distribution expressed for every ten percentage points; and
(B) Other appropriate taxpayer characteristics, as determined by said commissioner.
(2) For businesses:
(A) Business size as established by gross receipts;
(B) Legal organization; and
(C) Industry by NAICS code.
(b) The Commissioner of Revenue Services may enter into a contract with any public or private entity for the purpose of preparing the report required pursuant to subsection (a) of this section.
Sec. 109. (NEW) (Effective from passage) The Secretary of the Office of Policy and Management shall develop and annually report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations sensitivity and stress test analyses for the teachers' retirement system and the state employees retirement system. Such reporting shall include projections of benefit levels, pension costs, liabilities, and debt reduction under various economic and investment scenarios. The secretary shall submit the report in accordance with section 11-4a of the general statutes and shall post and update the report on the Office of Policy and Management Internet web site at least annually.
Sec. 110. Section 7-100k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) [Any] Notwithstanding the provisions of any special act, municipal charter or ordinance, any town, consolidated town and city or consolidated town and borough, regional council of governments or any combination of towns, consolidated towns and cities or consolidated towns and boroughs may, by town or borough meeting vote, or, in those municipalities in which there is no such meeting, by a two-thirds majority of the members of the legislative body thereof, provide for the appointment of one or more [but not more than five] assessors. Any such municipality or municipalities or regional council of governments may establish the qualifications and compensation of such assessor or assessors, and may provide for the appointment by the assessor or board of assessors of clerical and other assistance within the limits of the appropriation therefor, provided, if there is more than one assessor, such assessors shall choose one of their number to be chairman of the board of assessors.
(b) Any assessor appointed pursuant to subsection (a) of this section shall be sworn to the faithful performance of his or her duties by the clerk or clerks of the [town] municipality or municipalities that provided for the appointment of such assessor, or, in the case of a regional council of governments, by the clerk of each participating municipality.
Sec. 111. Subsection (a) of section 7-168a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) A municipality may, by ordinance, impose a surcharge on the admission charge [, as defined in subdivision (3) of section 12-540,] for any event that is held at a facility located within the municipality. The amount of such surcharge shall not exceed five per cent of the amount of admission, except that the amount of such surcharge imposed on the facility described in subdivision (12) of subsection (a) of section 12-541 shall not exceed ten per cent of the amount of admission. The amount of any such surcharge shall be in addition to any tax otherwise applicable to such admission charge, except that no municipality may impose a surcharge on a facility pursuant to this section if [(1)] (A) the municipality imposes a surcharge on such facility pursuant to section 12-579, or [(2)] (B) all of the proceeds from the event inure exclusively to an entity which is exempt from federal income tax under the Internal Revenue Code, provided such entity actively engages in and assumes the financial risk associated with the presentation of such event. Any municipal ordinance adopted pursuant to this section may exclude additional events or facilities from the surcharge imposed pursuant to this section.
(2) As used in this section, "admission charge" means the amount paid, whether in the form of a ticket price, license fee, skybox, luxury suite or club seat rental charge or purchase price, or otherwise, for the right or privilege to have access to a place or location where amusement, entertainment or recreation is provided, exclusive of any charges for instruction, and including any preferred seat license fee or any other payment required in order to have the right to purchase seats or secure admission to any such place or location. Places of amusement, entertainment or recreation (A) include, but are not limited to, theaters, auditoriums where lectures and concerts are given, amusement parks, fairgrounds, race tracks, dance halls, ball parks, stadiums, amphitheaters, convention centers, golf courses, miniature golf courses, tennis courts, skating rinks, swimming pools, bathing beaches, gymnasiums, auto shows, boat shows, camping shows, home shows, dog shows and antique shows, but (B) do not include motion picture shows.
Sec. 112. Section 19a-755 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Lieutenant Governor shall, within existing resources, designate an individual to serve as Health Information Technology Officer. The Health Information Technology Officer shall (1) be responsible for coordinating all state health information technology initiatives; [and] (2) seek funding for and oversee the planning, implementation and development of policies and procedures for the administration of the all-payer claims database program established under section 113 of this act; and (3) establish and maintain a consumer health information Internet web site as described in section 114 of this act. The Health Information Technology Officer may seek private and federal funds for staffing to support such initiatives.
(b) The Health Information Technology Officer shall, in consultation with the Health Information Technology Advisory Council, maintain written procedures for implementing and administering the all-payer claims database program established under section 113 of this act. Any such written procedures shall include (1) reporting requirements for reporting entities, as defined in section 113 of this act; and (2) requirements for providing notice to a reporting entity, as defined in section 113 of this act, of any alleged failure on the part of such reporting entity to comply with such reporting requirements.
(c) Unless expressly specified, nothing in this section or section 113 of this act and no action taken by the Health Information Technology Officer pursuant to this section or section 113 of this act shall be construed to preempt, supersede or affect the authority of the Insurance Commissioner to regulate the business of insurance in the state.
Sec. 113. (NEW) (Effective from passage) (a) As used in this section:
(1) "All-payer claims database" means a database that receives and stores data from a reporting entity relating to medical insurance claims, dental insurance claims, pharmacy claims and other insurance claims information from enrollment and eligibility files.
(2) (A) "Reporting entity" means:
(i) An insurer, as described in section 38a-1 of the general statutes, licensed to do health insurance business in this state;
(ii) A health care center, as defined in section 38a-175 of the general statutes;
(iii) An insurer or health care center that provides coverage under Part C or Part D of Title XVIII of the Social Security Act, as amended from time to time, to residents of this state;
(iv) A third-party administrator, as defined in section 38a-720 of the general statutes;
(v) A pharmacy benefits manager, as defined in section 38a-479aaa of the general statutes;
(vi) A hospital service corporation, as defined in section 38a-199 of the general statutes;
(vii) A nonprofit medical service corporation, as defined in section 38a-214 of the general statutes;
(viii) A fraternal benefit society, as described in section 38a-595 of the general statutes, that transacts health insurance business in this state;
(ix) A dental plan organization, as defined in section 38a-577 of the general statutes;
(x) A preferred provider network, as defined in section 38a-479aa of the general statutes; and
(xi) Any other person that administers health care claims and payments pursuant to a contract or agreement or is required by statute to administer such claims and payments.
(B) "Reporting entity" does not include an employee welfare benefit plan, as defined in the federal Employee Retirement Income Security Act of 1974, as amended from time to time, that is also a trust established pursuant to collective bargaining subject to the federal Labor Management Relations Act.
(3) "Medicaid data" means the Medicaid provider registry, health claims data and Medicaid recipient data maintained by the Department of Social Services.
(b) (1) There is established an all-payer claims database program. The Health Information Technology Officer, designated under section 19a-755 of the general statutes, shall: (A) Oversee the planning, implementation and administration of the all-payer claims database program for the purpose of collecting, assessing and reporting health care information relating to safety, quality, cost-effectiveness, access and efficiency for all levels of health care; (B) ensure that data received is securely collected, compiled and stored in accordance with state and federal law; and (C) conduct audits of data submitted by reporting entities in order to verify its accuracy.
(2) The Health Information Technology Officer shall seek funding from the federal government, other public sources and other private sources to cover costs associated with the planning, implementation and administration of the all-payer claims database program.
(3) (A) Upon the adoption of reporting requirements as set forth in subsection (b) of section 19a-755 of the general statutes, a reporting entity shall report health care information for inclusion in the all-payer claims database in a form and manner prescribed by the Health Information Technology Officer. The Health Information Technology Officer may, after notice and hearing, impose a civil penalty on any reporting entity that fails to report health care information as prescribed. Such civil penalty shall not exceed one thousand dollars per day for each day of violation and shall not be imposed as a cost for the purpose of rate determination or reimbursement by a third-party payer.
(B) The Health Information Technology Officer may provide the name of any reporting entity on which such penalty has been imposed to the Insurance Commissioner. After consultation with said officer, the commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to recover any penalty imposed pursuant to subparagraph (A) of this subdivision.
(4) The Commissioner of Social Services shall submit Medicaid data to the Health Information Technology Officer for inclusion in the all-payer claims database only for purposes related to administration of the State Medicaid Plan, in accordance with 42 CFR 431.301 to 42 CFR 431.306, inclusive.
(5) The Health Information Technology Officer shall: (A) Utilize data in the all-payer claims database to provide health care consumers in the state with information concerning the cost and quality of health care services for the purpose of allowing such consumers to make economically sound and medically appropriate health care decisions; and (B) make data in the all-payer claims database available to any state agency, insurer, employer, health care provider, consumer of health care services or researcher for the purpose of allowing such person or entity to review such data as it relates to health care utilization, costs or quality of health care services. If health information, as defined in 45 CFR 160.103, as amended from time to time, is permitted to be disclosed under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, or regulations adopted thereunder, any disclosure thereof made pursuant to this subdivision shall have identifiers removed, as set forth in 45 CFR 164.514, as amended from time to time. Any disclosure made pursuant to this subdivision of information other than health information shall be made in a manner to protect the confidentiality of such other information as required by state and federal law. The Health Information Technology Officer may set a fee to be charged to each person or entity requesting access to data stored in the all-payer claims database.
(6) The Health Information Technology Officer may (A) in consultation with the All-Payer Claims Database Advisory Group set forth in section 17b-59f of the general statutes, enter into a contract with a person or entity to plan, implement or administer the all-payer claims database program, (B) enter into a contract or take any action that is necessary to obtain data that is the same data required to be submitted by reporting entities under Medicare Part A or Part B, (C) enter into a contract for the collection, management or analysis of data received from reporting entities, and (D) in accordance with subdivision (4) of this subsection, enter into a contract or take any action that is necessary to obtain Medicaid data. Any such contract for the collection, management or analysis of such data shall expressly prohibit the disclosure of such data for purposes other than the purposes described in this subsection.
Sec. 114. (NEW) (Effective from passage) (a) For purposes of this section and sections 19a-904a, 19a-904b and 38a-477d to 38a-477f, inclusive, of the general statutes:
(1) "Allowed amount" means the maximum reimbursement dollar amount that an insured's health insurance policy allows for a specific procedure or service;
(2) "Consumer health information Internet web site" means an Internet web site developed and operated by the Health Information Technology Officer to assist consumers in making informed decisions concerning their health care and informed choices among health care providers;
(3) "Episode of care" means all health care services related to the treatment of a condition or a service category for such treatment and, for acute conditions, includes health care services and treatment provided from the onset of the condition to its resolution or a service category for such treatment and, for chronic conditions, includes health care services and treatment provided over a given period of time or a service category for such treatment;
(4) "Health care provider" means any individual, corporation, facility or institution licensed by this state to provide health care services;
(5) "Health carrier" means any insurer, health care center, hospital service corporation, medical service corporation, fraternal benefit society or other entity delivering, issuing for delivery, renewing, amending or continuing any individual or group health insurance policy in this state providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes;
(6) "Health Information Technology Officer" means the individual designated pursuant to section 19a-755 of the general statutes;
(7) "Hospital" has the same meaning as provided in section 19a-490 of the general statutes;
(8) "Out-of-pocket costs" means costs that are not reimbursed by a health insurance policy and includes deductibles, coinsurance and copayments for covered services and other costs to the consumer associated with a procedure or service;
(9) "Outpatient surgical facility" has the same meaning as provided in section 19a-493b of the general statutes; and
(10) "Public or private third party" means the state, the federal government, employers, a health carrier, third-party administrator, as defined in section 38a-720 of the general statutes, or managed care organization.
(b) (1) Within available resources, the consumer health information Internet web site shall: (A) Contain information comparing the quality, price and cost of health care services, including, to the extent practicable, (i) comparative price and cost information for the health care services and procedures reported pursuant to subsection (c) of this section categorized by payer or listed by health care provider, (ii) links to Internet web sites and consumer tools where consumers may obtain comparative cost and quality information, including The Joint Commission and Medicare hospital compare tool, (iii) definitions of common health insurance and medical terms so consumers may compare health coverage and understand the terms of their coverage, and (iv) factors consumers should consider when choosing an insurance product or provider group, including provider network, premium, cost sharing, covered services and tier information; (B) be designed to assist consumers and institutional purchasers in making informed decisions regarding their health care and informed choices among health care providers and, to the extent practicable, provide reference pricing for services paid by various health carriers to health care providers; (C) present information in language and a format that is understandable to the average consumer; and (D) be publicized to the general public. All information outlined in this section shall be posted on an Internet web site established, or to be established, by the Health Information Technology Officer in a manner and time frame as may be organizationally and financially reasonable in his or her sole discretion.
(2) Information collected, stored and published by the exchange pursuant to this section is subject to the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time.
(3) The Health Information Technology Officer may consider adding quality measures to the Internet web site as recommended by the State Innovation Model Initiative program management office.
(c) Not later than January 1, 2018, and annually thereafter, the Health Information Technology Officer shall, to the extent the information is available, make available to the public on the consumer health information Internet web site a list of: (1) The fifty most frequently occurring inpatient services or procedures in the state; (2) the fifty most frequently provided outpatient services or procedures in the state; (3) the twenty-five most frequent surgical services or procedures in the state; (4) the twenty-five most frequent imaging services or procedures in the state; and (5) the twenty-five most frequently used pharmaceutical products and medical devices in the state. Such lists may (A) be expanded to include additional admissions and procedures, (B) be based upon those services and procedures that are most commonly performed by volume or that represent the greatest percentage of related health care expenditures, or (C) be designed to include those services and procedures most likely to result in out-of-pocket costs to consumers or include bundled episodes of care.
(d) Not later than January 1, 2018, and annually thereafter, to the extent practicable, the Health Information Technology Officer shall issue a report, in a manner to be decided by the officer, that includes the (1) billed and allowed amounts paid to health care providers in each health carrier's network for each service and procedure service included pursuant to subsection (c) of this section, and (2) out-of-pocket costs for each such service and procedure.
(e) (1) On and after January 1, 2018, each hospital shall, at the time of scheduling a service or procedure for nonemergency care that is included in the report prepared by the Health Information Technology Officer pursuant to subsection (c) of this section, regardless of the location or setting where such services are delivered, notify the patient of the patient's right to make a request for cost and quality information. Upon the request of a patient for a diagnosis or procedure included in such report, the hospital shall, not later than three business days after scheduling such service or procedure, provide written notice, electronically or by mail, to the patient who is the subject of the service or procedure concerning: (A) If the patient is uninsured, the amount to be charged for the service or procedure if all charges are paid in full without a public or private third party paying any portion of the charges, including the amount of any facility fee, or, if the hospital is not able to provide a specific amount due to an inability to predict the specific treatment or diagnostic code, the estimated maximum allowed amount or charge for the service or procedure, including the amount of any facility fee; (B) the corresponding Medicare reimbursement amount or, if there is no corresponding Medicare reimbursement amount for such diagnosis or procedure, (i) the approximate amount Medicare would have paid the hospital for the services on the billing statement, or (ii) the percentage of the hospital's charges that Medicare would have paid the hospital for the services; (C) if the patient is insured, the allowed amount, the toll-free telephone number and the Internet web site address of the patient's health carrier where the patient can obtain information concerning charges and out-of-pocket costs; (D) The Joint Commission's composite accountability rating and the Medicare hospital compare star rating for the hospital, as applicable; and (E) the Internet web site addresses for The Joint Commission and the Medicare hospital compare tool where the patient may obtain information concerning the hospital.
(2) If the patient is insured and the hospital is out-of-network under the patient's health insurance policy, such written notice shall include a statement that the service or procedure will likely be deemed out-of-network and that any out-of-network applicable rates under such policy may apply.
Sec. 115. Subsection (a) of section 38a-1082 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The board of directors of the exchange shall adopt written procedures, in accordance with the provisions of section 1-121, for: (1) Adopting an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect; (2) hiring, dismissing, promoting and compensating employees of the exchange, including an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled; (3) acquiring real and personal property and personal services, including a requirement of board approval for any nonbudgeted expenditure in excess of five thousand dollars; (4) contracting for financial, legal, bond underwriting and other professional services, including a requirement that the exchange solicit proposals at least once every three years for each such service that it uses; (5) issuing and retiring bonds, bond anticipation notes and other obligations of the authority; (6) establishing requirements for certification of qualified health plans that include, but are not limited to, minimum standards for marketing practices, network adequacy, essential community providers in underserved areas, accreditation, quality improvement, uniform enrollment forms and descriptions of coverage, and quality measures for health benefit plan performance; and (7) implementing the provisions of sections 38a-1080 to 38a-1090, inclusive, or other provisions of the general statutes. Any such written procedures adopted pursuant to this subdivision shall not conflict with or prevent the application of regulations promulgated by the Secretary under the Affordable Care Act. [; (8) implementing and administering the all-payer claims database program established pursuant to section 38a-1091. Any such written procedures adopted pursuant to this subdivision shall include reporting requirements for reporting entities, as defined in section 38a-1091; and (9) providing notice to a reporting entity, as defined in section 38a-1091, of, and the rules of practice for a hearing process for, such reporting entity's alleged failure to comply with reporting requirements.]
Sec. 116. Subsection (a) of section 38a-1083 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For purposes of sections 38a-1080 to [38a-1091] 38a-1093, inclusive, "purposes of the exchange" means the purposes of and the pursuit of the goals of the exchange expressed in and pursuant to this section and the performance of the duties and responsibilities of the exchange set forth in sections 38a-1084 to 38a-1087, inclusive, which are hereby determined to be public purposes for which public funds may be expended. The powers enumerated in this section shall be interpreted broadly to effectuate the purposes of the exchange and shall not be construed as a limitation of powers.
Sec. 117. Section 38a-1084 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The exchange shall:
(1) Administer the exchange for both qualified individuals and qualified employers;
(2) Commission surveys of individuals, small employers and health care providers on issues related to health care and health care coverage;
(3) Implement procedures for the certification, recertification and decertification, consistent with guidelines developed by the Secretary under Section 1311(c) of the Affordable Care Act, and section 38a-1086, of health benefit plans as qualified health plans;
(4) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance;
(5) Provide for enrollment periods, as provided under Section 1311(c)(6) of the Affordable Care Act;
(6) [(A)] Maintain an Internet web site through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans including, but not limited to, the enrollee satisfaction survey information under Section 1311(c)(4) of the Affordable Care Act and any other information or tools to assist enrollees and prospective enrollees evaluate qualified health plans offered through the exchange; [, and (B) on and after July 1, 2016, establish and maintain a consumer health information Internet web site as described in section 38a-1084a;]
(7) Publish the average costs of licensing, regulatory fees and any other payments required by the exchange and the administrative costs of the exchange, including information on moneys lost to waste, fraud and abuse, on an Internet web site to educate individuals on such costs;
(8) On or before the open enrollment period for plan year 2017, assign a rating to each qualified health plan offered through the exchange in accordance with the criteria developed by the Secretary under Section 1311(c)(3) of the Affordable Care Act, and determine each qualified health plan's level of coverage in accordance with regulations issued by the Secretary under Section 1302(d)(2)(A) of the Affordable Care Act;
(9) Use a standardized format for presenting health benefit options in the exchange, including the use of the uniform outline of coverage established under Section 2715 of the Public Health Service Act, 42 USC 300gg-15, as amended from time to time;
(10) Inform individuals, in accordance with Section 1413 of the Affordable Care Act, of eligibility requirements for the Medicaid program under Title XIX of the Social Security Act, as amended from time to time, the Children's Health Insurance Program (CHIP) under Title XXI of the Social Security Act, as amended from time to time, or any applicable state or local public program, and enroll an individual in such program if the exchange determines, through screening of the application by the exchange, that such individual is eligible for any such program;
(11) Collaborate with the Department of Social Services, to the extent possible, to allow an enrollee who loses premium tax credit eligibility under Section 36B of the Internal Revenue Code and is eligible for HUSKY A or any other state or local public program, to remain enrolled in a qualified health plan;
(12) Establish and make available by electronic means a calculator to determine the actual cost of coverage after application of any premium tax credit under Section 36B of the Internal Revenue Code and any cost-sharing reduction under Section 1402 of the Affordable Care Act;
(13) Establish a program for small employers through which qualified employers may access coverage for their employees and that shall enable any qualified employer to specify a level of coverage so that any of its employees may enroll in any qualified health plan offered through the exchange at the specified level of coverage;
(14) Offer enrollees and small employers the option of having the exchange collect and administer premiums, including through allocation of premiums among the various insurers and qualified health plans chosen by individual employers;
(15) Grant a certification, subject to Section 1411 of the Affordable Care Act, attesting that, for purposes of the individual responsibility penalty under Section 5000A of the Internal Revenue Code, an individual is exempt from the individual responsibility requirement or from the penalty imposed by said Section 5000A because:
(A) There is no affordable qualified health plan available through the exchange, or the individual's employer, covering the individual; or
(B) The individual meets the requirements for any other such exemption from the individual responsibility requirement or penalty;
(16) Provide to the Secretary of the Treasury of the United States the following:
(A) A list of the individuals granted a certification under subdivision (15) of this section, including the name and taxpayer identification number of each individual;
(B) The name and taxpayer identification number of each individual who was an employee of an employer but who was determined to be eligible for the premium tax credit under Section 36B of the Internal Revenue Code because:
(i) The employer did not provide minimum essential health benefits coverage; or
(ii) The employer provided the minimum essential coverage but it was determined under Section 36B(c)(2)(C) of the Internal Revenue Code to be unaffordable to the employee or not provide the required minimum actuarial value; and
(C) The name and taxpayer identification number of:
(i) Each individual who notifies the exchange under Section 1411(b)(4) of the Affordable Care Act that such individual has changed employers; and
(ii) Each individual who ceases coverage under a qualified health plan during a plan year and the effective date of that cessation;
(17) Provide to each employer the name of each employee, as described in subparagraph (B) of subdivision (16) of this section, of the employer who ceases coverage under a qualified health plan during a plan year and the effective date of the cessation;
(18) Perform duties required of, or delegated to, the exchange by the Secretary or the Secretary of the Treasury of the United States related to determining eligibility for premium tax credits, reduced cost-sharing or individual responsibility requirement exemptions;
(19) Select entities qualified to serve as Navigators in accordance with Section 1311(i) of the Affordable Care Act and award grants to enable Navigators to:
(A) Conduct public education activities to raise awareness of the availability of qualified health plans;
(B) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under Section 36B of the Internal Revenue Code and cost-sharing reductions under Section 1402 of the Affordable Care Act;
(C) Facilitate enrollment in qualified health plans;
(D) Provide referrals to the Office of the Healthcare Advocate or health insurance ombudsman established under Section 2793 of the Public Health Service Act, 42 USC 300gg-93, as amended from time to time, or any other appropriate state agency or agencies, for any enrollee with a grievance, complaint or question regarding the enrollee's health benefit plan, coverage or a determination under that plan or coverage; and
(E) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the exchange;
(20) Review the rate of premium growth within and outside the exchange and consider such information in developing recommendations on whether to continue limiting qualified employer status to small employers;
(21) Credit the amount, in accordance with Section 10108 of the Affordable Care Act, of any free choice voucher to the monthly premium of the plan in which a qualified employee is enrolled and collect the amount credited from the offering employer;
(22) Consult with stakeholders relevant to carrying out the activities required under sections 38a-1080 to 38a-1090, inclusive, including, but not limited to:
(A) Individuals who are knowledgeable about the health care system, have background or experience in making informed decisions regarding health, medical and scientific matters and are enrollees in qualified health plans;
(B) Individuals and entities with experience in facilitating enrollment in qualified health plans;
(C) Representatives of small employers and self-employed individuals;
(D) The Department of Social Services; and
(E) Advocates for enrolling hard-to-reach populations;
(23) Meet the following financial integrity requirements:
(A) Keep an accurate accounting of all activities, receipts and expenditures and annually submit to the Secretary, the Governor, the Insurance Commissioner and the General Assembly a report concerning such accountings;
(B) Fully cooperate with any investigation conducted by the Secretary pursuant to the Secretary's authority under the Affordable Care Act and allow the Secretary, in coordination with the Inspector General of the United States Department of Health and Human Services, to:
(i) Investigate the affairs of the exchange;
(ii) Examine the properties and records of the exchange; and
(iii) Require periodic reports in relation to the activities undertaken by the exchange; and
(C) Not use any funds in carrying out its activities under sections 38a-1080 to 38a-1089, inclusive, [and section 38a-1091] that are intended for the administrative and operational expenses of the exchange, for staff retreats, promotional giveaways, excessive executive compensation or promotion of federal or state legislative and regulatory modifications;
(24) (A) Seek to include the most comprehensive health benefit plans that offer high quality benefits at the most affordable price in the exchange, (B) encourage health carriers to offer tiered health care provider network plans that have different cost-sharing rates for different health care provider tiers and reward enrollees for choosing low-cost, high-quality health care providers by offering lower copayments, deductibles or other out-of-pocket expenses, and (C) offer any such tiered health care provider network plans through the exchange; and
(25) Report at least annually to the General Assembly on the effect of adverse selection on the operations of the exchange and make legislative recommendations, if necessary, to reduce the negative impact from any such adverse selection on the sustainability of the exchange, including recommendations to ensure that regulation of insurers and health benefit plans are similar for qualified health plans offered through the exchange and health benefit plans offered outside the exchange. The exchange shall evaluate whether adverse selection is occurring with respect to health benefit plans that are grandfathered under the Affordable Care Act, self-insured plans, plans sold through the exchange and plans sold outside the exchange. [; and]
[(26) Seek funding for and oversee the planning, implementation and development of policies and procedures for the administration of the all-payer claims database program established under section 38a-1091.]
Sec. 118. Subsection (a) of section 38a-1088 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The state of Connecticut does hereby pledge to, and agree with, any person with whom the exchange may enter into contracts pursuant to the provisions of sections 38a-1080 to [38a-1091] 38a-1093, inclusive, that the state will not limit or alter the rights hereby vested in the exchange until such contracts and the obligations thereunder are fully met and performed on the part of the exchange, except that nothing in this subsection shall preclude such limitation or alteration if adequate provision shall be made by law for the protection of such persons entering into contracts with the exchange.
Sec. 119. Subsections (b) and (c) of section 38a-1090 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The exchange shall be subject to the Freedom of Information Act, as defined in section 1-200, except that [:
(1) The] the following information under sections 38a-1081 to 38a-1089, inclusive, shall not be subject to disclosure under section 1-210: [(A)] (1) The names and applications of individuals and employers seeking coverage through the exchange; [(B)] (2) individuals' health information; and [(C)] (3) information exchanged between the exchange and the [(i)] (A) Departments of Social Services, Public Health and Revenue Services, [(ii)] (B) Insurance Department, [(iii)] (C) office of the Comptroller, or [(iv)] (D) any other state agency that is subject to confidentiality agreements under contracts entered into with the exchange. [; and]
[(2) (A) Any disclosures made pursuant to subdivision (4) of subsection (b) of section 38a-1091 of health information, as defined in 45 CFR 160.103, as amended from time to time, provided such health information is permitted to be disclosed under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, or regulations adopted thereunder, shall have identifiers removed, as set forth in 45 CFR 164.514, as amended from time to time; and
(B) Any disclosures made pursuant to subdivision (4) of subsection (b) of section 38a-1091 of information other than health information shall be made in a manner to protect the confidentiality of such other information as required by state and federal law.]
(c) Unless expressly specified, nothing in this section [,] or sections 38a-1080 to 38a-1089, inclusive, [or section 38a-1091] and no action taken by the exchange pursuant to said sections shall be construed to preempt, supersede or affect the authority of the commissioner to regulate the business of insurance in the state. All health carriers offering qualified health plans in the state shall comply with all applicable provisions of sections 38a-1083 to [38a-1091] 38a-1093, inclusive, and procedures adopted by the board pursuant to section 38a-1082.
Sec. 120. Subsection (d) of section 3-123ddd of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) Nothing in sections 3-123aaa to 3-123hhh, inclusive, 19a-654, 19a-725, 38a-513f, 38a-513g or [38a-1091] section 113 of this act shall diminish any right to retiree health insurance pursuant to a collective bargaining agreement or any other provision of the general statutes.
Sec. 121. Subsection (b) of section 3-123hhh of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Nothing in this section or sections 3-123aaa to 3-123ggg, inclusive, 19a-654, 19a-725, 38a-513f, 38a-513g or [38a-1091] section 113 of this act shall modify the state employee plan in any way without the written consent of the State Employees Bargaining Agent Coalition and the Secretary of the Office of Policy and Management.
Sec. 122. Section 38a-477f of the general statutes, as amended by section 3 of public act 17-241, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) On and after January 1, 2016, no contract entered into or renewed between a health care provider and a health carrier shall contain a provision prohibiting disclosure of (1) billed or allowed amounts, reimbursement rates or out-of-pocket costs, or (2) any data to the all-payer claims database program established under section [38a-1091] 113 of this act. Information described in subdivisions (1) and (2) of this subsection may be used to assist consumers and institutional purchasers in making informed decisions regarding their health care and informed choices among health care providers and allow comparisons between prices paid by various health carriers to health care providers.
(b) On and after October 1, 2017, no contract entered into between a health care provider, or any agent or vendor retained by the health care provider to provide data or analytical services to evaluate and manage health care services provided to the health carrier's plan participants, and a health carrier shall contain a provision prohibiting disclosure of (1) billed or allowed amounts, reimbursement rates or out-of-pocket costs, or (2) any data to the all-payer claims database program established under section [38a-1091] 113 of this act. Information described in subdivisions (1) and (2) of this subsection may be used to assist consumers and institutional purchasers in making informed decisions regarding their health care and informed choices among health care providers and allow comparisons between prices paid by various health carriers to health care providers.
(c) If a contract described in subsection (a) or (b) of this section, whichever is applicable, contains a provision prohibited under the applicable subsection, such provision shall be void and unenforceable. The invalidity or unenforceability of any contract provision under this subsection shall not affect any other provision of the contract.
Sec. 123. Subsection (a) of section 38a-477e of the general statutes, as amended by section 45 of public act 17-15, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) On and after January 1, 2017, each health carrier, as defined in section [38a-1084a] 114 of this act, shall maintain an Internet web site and toll-free telephone number that enables consumers to request and obtain: (1) Information on in-network costs for inpatient admissions, health care procedures and services, including (A) the allowed amount for, at a minimum, admissions and procedures reported to the exchange pursuant to section [38a-1084a] 114 of this act for each health care provider in the state; (B) the estimated out-of-pocket costs that a consumer would be responsible for paying for any such admission or procedure that is medically necessary, including any facility fee, coinsurance, copayment, deductible or other out-of-pocket expense; and (C) data or other information concerning (i) quality measures for the health care provider, (ii) patient satisfaction, to the extent such information is available, (iii) a directory of participating providers, as defined in section 38a-472f, in accordance with the provisions of section 38a-477h; and (2) information on out-of-network costs for inpatient admissions, health care procedures and services.
Sec. 124. Subsection (f) of section 38a-1081 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) The board may consult with such parties, public or private, as it deems desirable or necessary in exercising its duties under sections 38a-1080 to [38a-1091] 38a-1093, inclusive.
Sec. 125. Subsection (f) of section 17b-59d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) The Health Information Technology Officer shall have administrative authority over the State-wide Health Information Exchange. The Health Information Technology Officer shall be responsible for designating, and posting on its Internet web site, the list of systems, technologies, entities and programs that shall constitute the State-wide Health Information Exchange. Systems, technologies, entities, and programs that have not been so designated shall not be considered part of said exchange.
Sec. 126. Subsection (c) of section 17b-59e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Not later than two years after commencement of the operation of the State-wide Health Information Exchange, (1) each health care provider with an electronic health record system capable of connecting to, and participating in, the State-wide Health Information Exchange shall apply to begin the process of connecting to, and participating in, the State-wide Health Information Exchange, and (2) each health care provider without an electronic health record system capable of connecting to, and participating in, the State-wide Health Information Exchange shall be capable of sending and receiving secure messages that comply with the Direct Project specifications published by the federal Office of the National Coordinator for Health Information Technology.
Sec. 127. Section 17b-59f of the general statutes, as amended by section 7 of public act 17-188, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There shall be a State Health Information Technology Advisory Council to advise the Health Information Technology Officer, designated in accordance with section 19a-755, in developing priorities and policy recommendations for advancing the state's health information technology and health information exchange efforts and goals and to advise the Health Information Technology Officer in the development and implementation of the state-wide health information technology plan and standards and the State-wide Health Information Exchange, established pursuant to section 17b-59d. The advisory council shall also advise the Health Information Technology Officer regarding the development of appropriate governance, oversight and accountability measures to ensure success in achieving the state's health information technology and exchange goals.
(b) The council shall consist of the following members:
(1) The Health Information Technology Officer, appointed in accordance with section 19a-755, or the Health Information Technology Officer's designee;
(2) The Commissioners of Social Services, Mental Health and Addiction Services, Children and Families, Correction, Public Health and Developmental Services, or the commissioners' designees;
(3) The Chief Information Officer of the state, or the Chief Information Officer's designee;
(4) The chief executive officer of the Connecticut Health Insurance Exchange, or the chief executive officer's designee;
(5) The director of the state innovation model initiative program management office, or the director's designee;
(6) The chief information officer of The University of Connecticut Health Center, or said chief information officer's designee;
(7) The Healthcare Advocate, or the Healthcare Advocate's designee;
(8) The Comptroller, or the Comptroller's designee;
[(8)] (9) Five members appointed by the Governor, one each of whom shall be (A) a representative of a health system that includes more than one hospital, (B) a representative of the health insurance industry, (C) an expert in health information technology, (D) a health care consumer or consumer advocate, and (E) a current or former employee or trustee of a plan established pursuant to subdivision (5) of subsection (c) of 29 USC 186;
[(9)] (10) Three members appointed by the president pro tempore of the Senate, one each who shall be (A) a representative of a federally qualified health center, (B) a provider of behavioral health services, and (C) a representative of the Connecticut State Medical Society;
[(10)] (11) Three members appointed by the speaker of the House of Representatives, one each who shall be (A) a technology expert who represents a hospital system, as defined in section 19a-486i, (B) a provider of home health care services, and (C) a health care consumer or a health care consumer advocate;
[(11)] (12) One member appointed by the majority leader of the Senate, who shall be a representative of an independent community hospital;
[(12)] (13) One member appointed by the majority leader of the House of Representatives, who shall be a physician who provides services in a multispecialty group and who is not employed by a hospital;
[(13)] (14) One member appointed by the minority leader of the Senate, who shall be a primary care physician who provides services in a small independent practice;
[(14)] (15) One member appointed by the minority leader of the House of Representatives, who shall be an expert in health care analytics and quality analysis;
[(15)] (16) The president pro tempore of the Senate, or the president's designee;
[(16)] (17) The speaker of the House of Representatives, or the speaker's designee;
[(17)] (18) The minority leader of the Senate, or the minority leader's designee; and
[(18)] (19) The minority leader of the House of Representatives, or the minority leader's designee.
(c) Any member appointed or designated under subdivisions [(9)] (10) to [(18)] (19), inclusive, of subsection (b) of this section may be a member of the General Assembly.
(d) (1) The Health Information Technology Officer, appointed in accordance with section 19a-755, shall serve as a chairperson of the council. The council shall elect a second chairperson from among its members, who shall not be a state official. The chairpersons of the council may establish subcommittees and working groups and may appoint individuals other than members of the council to serve as members of the subcommittees or working groups. The terms of the members shall be coterminous with the terms of the appointing authority for each member and subject to the provisions of section 4-1a. If any vacancy occurs on the council, the appointing authority having the power to make the appointment under the provisions of this section shall appoint a person in accordance with the provisions of this section. A majority of the members of the council shall constitute a quorum. Members of the council shall serve without compensation, but shall be reimbursed for all reasonable expenses incurred in the performance of their duties.
(2) The chairpersons of the council may appoint up to four additional members to the council, who shall serve at the pleasure of the chairpersons.
(e) (1) The council shall establish a working group to be known as the All-Payer Claims Database Advisory Group. Said group shall include, but need not be limited to, (A) the Secretary of the Office of Policy and Management, the Comptroller, the Commissioners of Public Health, Social Services and Mental Health and Addiction Services, the Insurance Commissioner, the Healthcare Advocate and the Chief Information Officer, or their designees; (B) a representative of the Connecticut State Medical Society; and (C) representatives of health insurance companies, health insurance purchasers, hospitals, consumer advocates and health care providers. The Health Information Technology Officer may appoint additional members to said group.
(2) The All-Payer Claims Database Advisory Group shall develop a plan to implement a state-wide multipayer data initiative to enhance the state's use of heath care data from multiple sources to increase efficiency, enhance outcomes and improve the understanding of health care expenditures in the public and private sectors.
[(e)] (f) Prior to submitting any application, proposal, planning document or other request seeking federal grants, matching funds or other federal support for health information technology or health information exchange, the Health Information Technology Officer or the Commissioner of Social Services shall present such application, proposal, document or other request to the council for review and comment.
Sec. 128. (NEW) (Effective from passage) (a) The state, acting by and through the Secretary of the Office of Policy and Management, in collaboration with the Health Information Technology Officer designated under section 19a-755 of the general statutes, and the Lieutenant Governor, shall establish a program to expedite the development of the State-wide Health Information Exchange, established under section 17b-59d of the general statutes, to assist the state, health care providers, insurance carriers, physicians and all stakeholders in empowering consumers to make effective health care decisions, promote patient-centered care, improve the quality, safety and value of health care, reduce waste and duplication of services, support clinical decision-making, keep confidential health information secure and make progress toward the state's public health goals. The purposes of the program shall be to (1) assist the State-wide Health Information Exchange in establishing and maintaining itself as a neutral and trusted entity that serves the public good for the benefit of all Connecticut residents, including, but not limited to, Connecticut health care consumers and Connecticut health care providers and carriers, (2) perform, on behalf of the state, the role of intermediary between public and private stakeholders and customers of the State-wide Health Information Exchange, and (3) fulfill the responsibilities of the Office of Health Strategy, as described in section 164 of this act.
(b) The Health Information Technology Officer shall design, and the Secretary of the Office of Policy and Management, in collaboration with said officer, may establish or incorporate an entity to implement the program established under subsection (a) of this section. Such entity shall, without limitation, be owned and governed, in whole or in part, by a party or parties other than the state and may be organized as a nonprofit entity.
(c) Any entity established or incorporated pursuant to subsection (b) of this section shall have its powers vested in and exercised by a board of directors. The board of directors shall be comprised of the following members who shall each serve for a term of two years:
(1) One member who shall have expertise as an advocate for consumers of health care, appointed by the Governor;
(2) One member who shall have expertise as a clinical medical doctor, appointed by the president pro tempore of the Senate;
(3) One member who shall have expertise in the area of hospital administration, appointed by the speaker of the House of Representatives;
(4) One member who shall have expertise in the area of corporate law or finance, appointed by the minority leader of the Senate;
(5) One member who shall have expertise in group health insurance coverage, appointed by the minority leader of the House of Representatives;
(6) The Chief Information Officer, the Secretary of the Office of Policy and Management and the Health Information Technology Officer, or their designees, who shall serve as ex-officio, voting members of the board; and
(7) The Health Information Technology Officer, or his or her designee, who shall serve as chairperson of the board.
(d) All initial appointments shall be made not later than February 1, 2018. Any vacancy shall be filled by the appointing authority for the balance of the unexpired term. If an appointing authority fails to make an initial appointment on or before sixty days after the establishment of such entity, or to fill a vacancy in an appointment on or before sixty days after the date of such vacancy, the Governor shall make such appointment or fill such vacancy.
(e) The entity established under subsection (c) of this section may (1) employ a staff and fix their duties, qualifications and compensation; (2) solicit, receive and accept aid or contributions, including money, property, labor and other things of value from any source; (3) receive, and manage on behalf of the state, funding from the federal government, other public sources or private sources to cover costs associated with the planning, implementation and administration of the State-wide Health Information Exchange; (4) collect and remit fees set by the Health Information Technology Officer charged to persons or entities for access to or interaction with said exchange; (5) retain outside consultants and technical experts; (6) maintain an office in the state at such place or places as such entity may designate; (7) procure insurance against loss in connection with such entity's property and other assets in such amounts and from such insurers as such entity deems desirable; (8) sue and be sued and plead and be impleaded; (9) borrow money for the purpose of obtaining working capital; and (10) subject to the powers, purposes and restrictions of sections 17b-59a, 17b-59d, 17b-59f and 19a-755 of the general statutes, do all acts and things necessary and convenient to carry out the purposes of this section and section 164 of this act.
Sec. 129. (NEW) (Effective from passage) For each position of employment with the State of Connecticut that involves exposure to federal tax information, the employing agency shall, subject to the provisions of section 31-51i of the general statutes, require each applicant for, each employee applying for transfer to, and, at least every ten years, each current employee of such a position, to (1) state in writing whether such applicant or employee has been convicted of a crime or whether criminal charges are pending against such applicant or employee at the time of application for employment or transfer and, if so, to identify the charges and court in which such charges are pending, and (2) be fingerprinted and submit to state and national criminal history records checks. The criminal history records checks required by this section shall be conducted in accordance with section 29-17a of the general statutes.
Sec. 130. (Effective from passage) For each of the fiscal years ending June 30, 2018, and June 30, 2019, Connecticut Innovations, Incorporated shall provide a grant-in-aid in the amount of three hundred fifty thousand dollars to the Women's Business Development Council in the city of Stamford.
Sec. 131. Subsection (d) of section 15 of public act 17-89 is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) Not later than the date the casino gaming facility is operational and annually thereafter while such casino gaming facility is operational, MMCT Venture, LLC, shall contribute three hundred thousand dollars to the [Connecticut Council on Problem Gambling] chronic gamblers treatment and rehabilitation account created pursuant to section 17a-713 of the general statutes.
Sec. 132. (Effective from passage) (a) There is established a working group to devise a roadmap to establish the state as a national leader in the development and commercialization of new microbiome-based treatments, products and services. In devising the roadmap, the working group shall examine all of the following, in addition to any other initiatives the working group deems appropriate and necessary to accomplish its duties under this section:
(1) Best practices of states and institutions recognized as leaders in the microbiome field, including, but not limited to, the University of California, San Diego Center for Microbiome Innovation, its associated initiatives and partners and its business networks and connections;
(2) The relative importance of and interrelationship between pure microbiome research and commercialization activity, and best practices to stimulate both;
(3) Whether it would be in the best interest of the state to develop a specialization or specializations within the human, animal or environmental microbiome field or any subfield thereof;
(4) (A) The talent pool and skills necessary to establish the state as a leader in the microbiome industry, (B) the educational curricula and training levels required to fill such needs and the level at which public and independent institutions of higher education in the state are meeting such requirements, (C) the ability of the state to attract out-of-state individuals with such talent and skills, and (D) a determination of how to develop such talent and skills to the levels required to meet the goals and requirements of this subsection, in terms of the skills required, the needed number of skilled workers in the state and specific academic and practical training recommended to be strengthened at such institutions; and
(5) The strength and amount of academic expertise in the microbiome field at public and independent institutions of higher education in the state, including how aligned such expertise is with the working group's roadmap, considering such institutions' plans to grow and deepen such expertise and technology commercialization efforts by faculty at such institutions.
(b) The working group shall consist of (1) the Commissioners of Economic and Community Development, Public Health and Revenue Services, or their designees, (2) the chairperson of the CTNext board of directors or the chairperson's designee, (3) the president of The University of Connecticut or the president's designee, (4) the dean of The University of Connecticut School of Medicine or the dean's designee, (5) the president of the Board of Regents for Higher Education or the president's designee, and (6) the following, to be appointed by the Governor: (A) One representative of an independent institution of higher education in the state; (B) one representative of an independent medical school in the state; (C) one representative from Yale University or Yale University School of Medicine; (D) two representatives of bioscience companies located in the state and in business for five years or more; (E) two representatives of bioscience companies located in the state and in business for less than five years; (F) one representative of a venture capital firm located in the state; and (G) one individual who represents hospitals in the state. The working group may consult with industry stakeholders and representatives of microbiome companies, representatives of educational and research institutions that are focused on the microbiome sector, representatives of the medical field who have expertise in the medical applications of microbiome-based products and services and any other individuals or representatives of fields the working group deems necessary or appropriate to inform it on the microbiomes sector.
(c) The Governor shall select the chairperson of the working group from among the members of the working group. Such chairperson shall schedule the first meeting of the working group, which shall be held not later than sixty days after the effective date of this section.
(d) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding shall serve as administrative staff of the task force.
(e) Notwithstanding the provisions of section 2-15 of the general statutes, no member of the working group shall receive mileage reimbursement or a transportation allowance for traveling to or from a meeting of the working group.
(f) Not later than January 1, 2018, the working group shall submit a report, in accordance with section 11-4a of the general statutes, of its roadmap developed pursuant to subsection (a) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, commerce and public health. The report shall include (1) recommendations for legislative and programmatic changes to effectuate the roadmap, (2) for each such recommended change, a proposed budget, listing options for full, medium and low funding levels, and (3) for each such recommended change, recommended measureable and achievable goals and a proposed timetable for accomplishing such change.
(g) Not later than February 1, 2018, the working group shall make a presentation of its report under subsection (e) of this section to the Governor and at a joint presentation to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, commerce and public health.
Sec. 133. Section 10a-109cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Not later than August 1, 2006, the Board of Trustees for The University of Connecticut shall establish the construction assurance office. Positions in the office shall be paid positions. The office shall be led by a [full-time] director who shall be responsible for reviews of construction performance of UConn 2000, as defined in subdivision (25) of section 10a-109c, and shall report at least quarterly to the construction management oversight committee in accordance with section 10a-109bb and to the president of The University of Connecticut.
Sec. 134. Section 32-39t of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There shall be a Higher Education Entrepreneurship Advisory Committee within CTNext. Such committee shall consist of members appointed by the CTNext board of directors, including, but not limited to: (1) An equal number of representatives of public and private institutions of higher education; (2) one baccalaureate student representative; (3) one graduate student representative; (4) one high school student who shall be a nonvoting member; and (5) three serial entrepreneurs having experience as an entrepreneur in residence at an institution of higher education. Such members shall be subject to term limits prescribed by the CTNext board. All initial appointments to the committee pursuant to this subsection shall be made not later than June 1, 2017. Each member shall hold office until a successor is appointed. For the purposes of this section, "serial entrepreneur" means an entrepreneur having brought one or more start-up businesses to venture capital funding by an institutional investor.
(b) The executive director of CTNext shall call the first meeting of the advisory committee not later than June 15, 2017. The advisory group shall select chairpersons of the advisory group during such meeting. The advisory committee shall meet not less than quarterly thereafter and at such other times as the chairperson deems necessary.
(c) No member of the advisory committee shall receive compensation for such member's service, except that each member shall be entitled to reimbursement for actual and necessary expenses incurred during the performance of such member's official duties.
(d) A majority of members of the advisory committee shall constitute a quorum for the transaction of any business or the exercise of any power of the advisory committee. The advisory committee may act by a majority of the members present at any meeting at which a quorum is in attendance, for the transaction of any business or the exercise of any power of the advisory committee, except as otherwise provided in this section.
(e) [Notwithstanding any provision of the general statutes, it shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a member of the advisory committee, provided such trustee, director, partner, officer or individual complies with all applicable provisions of chapter 10. All members] Every member of the advisory committee shall be deemed [public officials and shall adhere to the code of ethics for public officials set forth in chapter 10, except that no member shall be required to file a statement of financial interest as described in section 1-83] a member of an advisory board for purposes of chapter 10.
(f) Any institution of higher education, or partnership of one or more institutions of higher education, may submit an application for higher education entrepreneurship grant-in-aid to the advisory committee, on a form prescribed by the advisory committee.
(g) The advisory committee shall review applications for grants-in-aid submitted to it pursuant to this section. The advisory committee may recommend approval of any such application to the CTNext board of directors if it determines that the application is consistent with and in furtherance of the master plan for entrepreneurship at public and private institutions of higher education developed pursuant to section 32-39s. The advisory committee shall give priority for grants-in-aid to applications including collaborative initiatives between institutions of higher education.
Sec. 135. Subsection (l) of section 17b-99a of the general statutes, as amended by section 2 of public act 17-9, is repealed and the following is substituted in lieu thereof (Effective from passage):
(l) [The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this section and to ensure the fairness of the audit process, including, but not limited to, the sampling methodologies associated with the process.] The commissioner shall provide free training to facilities on the preparation of cost reports to avoid clerical errors and shall post information on the department's Internet web site concerning the auditing process and methods to avoid clerical errors. Not later than April 1, 2015, the commissioner shall establish audit protocols to assist facilities subject to audit pursuant to this section in developing programs to improve compliance with Medicaid requirements under state and federal laws and regulations, provided audit protocols may not be relied upon to create a substantive or procedural right or benefit enforceable at law or in equity by any person, including a corporation. The commissioner shall establish and publish on the department's Internet web site audit protocols for: (1) Licensed chronic and convalescent nursing homes, (2) chronic disease hospitals associated with chronic and convalescent nursing homes, (3) rest homes with nursing supervision, (4) licensed residential care homes, as defined in section 19a-490, and (5) residential facilities for persons with intellectual disability that are licensed pursuant to section 17a-227 and certified to participate in the Medicaid program as intermediate care facilities for individuals with intellectual disability. The commissioner shall ensure that the Department of Social Services, or any entity with which the commissioner contracts to conduct an audit pursuant to this section, has on staff or consults with, as needed, licensed health professionals with experience in treatment, billing and coding procedures used by the facilities being audited pursuant to this section.
Sec. 136. Subsection (a) of section 17b-358 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any temporary manager appointed pursuant to section 17b-357, shall operate under the authority and supervision of the Department of Social Services. A temporary manager shall have the same powers as a receiver of a corporation under section 52-507, and shall exercise such powers to remedy the conditions which constitute grounds for the imposition of the temporary manager, to assure adequate health for the patients, and to preserve the assets and property of the owner. If the temporary manager determines that the condition of the facility requires that arrangements be made for the transfer of residents in order to assure their health and safety, the temporary manager shall direct the facility's efforts in locating alternative placements and in preparing discharge plans which meet the requirements of section 19a-535 and shall supervise the transportation of residents and such residents' belongings and medical records to the places where such residents are being transferred or discharged. A temporary manager shall not be liable for injury to person or property that is attributable to the conditions of such facility and shall only be liable for his acts or omissions that constitute gross, wilful or wanton negligence. The Department of Social Services, upon application by the temporary manager or the administrator of such facility, may terminate the temporary manager if it finds that the condition of the facility no longer warrants the appointment of a temporary manager. If the department denies an application for the termination of a temporary manager brought pursuant to this section, the facility or the temporary manager may obtain review of such determination by a hearing conducted pursuant to chapter 54, provided that the hearing is requested within fifteen days of the provision of notice denying the application. Any temporary manager appointed by the Department of Social Services pursuant to section 17b-357 shall be paid a reasonable fee for his services to be determined and to be paid by the department. The facility shall be liable to the department for the cost of services of the temporary manager appointed at such facility and the department may recover the cost thereof by setting off such amount against the funds that would otherwise be paid to such facility for services rendered to recipients of assistance under the Medicaid program. The Department of Social Services [shall] may adopt regulations in accordance with the provisions of chapter 54, as to the qualifications required for a temporary manager and the procedure by which a temporary manager is selected for appointment.
Sec. 137. Subsection (b) of section 17b-801 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The commissioner shall administer a state-appropriated weatherization assistance program to provide, within available appropriations, weatherization assistance in accordance with the provisions of the state plan implementing the weatherization assistance block grant program authorized by the federal Low-Income Home Energy Assistance Act of 1981, and programs of fuel assistance and weatherization assistance with funds authorized by the federal Low-Income Home Energy Assistance Act of 1981 and oil settlement funds in accordance with subsections (b) and (c) of section 4-28. The commissioner [shall] may adopt regulations, in accordance with the provisions of chapter 54 [, (1) establishing priorities for determining which households shall receive such weatherization assistance, (2) requiring that the only criterion for determining which energy conservation measures shall be implemented pursuant to this subsection in any such dwelling unit shall be the simple payback calculated for each energy conservation measure recommended in the energy audit conducted for such unit, (3) establishing the maximum allowable payback period for such energy conservation measures, and (4) establishing conditions for the waiver of the provisions of subdivisions (1) to (3), inclusive, of this subsection in the event of emergencies] to implement and administer said programs. The programs provided for under this subsection shall include a program of fuel and weatherization assistance for emergency shelters for homeless individuals and victims of domestic violence. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement and administer the program of fuel and weatherization assistance for emergency shelters.
Sec. 138. Subsection (a) of section 17b-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(a) Medical assistance shall be provided for any otherwise eligible person whose income, including any available support from legally liable relatives and the income of the person's spouse or dependent child, is not more than one hundred forty-three per cent, pending approval of a federal waiver applied for pursuant to subsection (e) of this section, of the benefit amount paid to a person with no income under the temporary family assistance program in the appropriate region of residence and if such person is an institutionalized individual as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), and has not made an assignment or transfer or other disposition of property for less than fair market value for the purpose of establishing eligibility for benefits or assistance under this section. Any such disposition shall be treated in accordance with Section 1917(c) of the Social Security Act, 42 USC 1396p(c). Any disposition of property made on behalf of an applicant or recipient or the spouse of an applicant or recipient by a guardian, conservator, person authorized to make such disposition pursuant to a power of attorney or other person so authorized by law shall be attributed to such applicant, recipient or spouse. A disposition of property ordered by a court shall be evaluated in accordance with the standards applied to any other such disposition for the purpose of determining eligibility. The commissioner shall establish the standards for eligibility for medical assistance at one hundred forty-three per cent of the benefit amount paid to a household of equal size with no income under the temporary family assistance program in the appropriate region of residence. In determining eligibility, the commissioner shall not consider as income Aid and Attendance pension benefits granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran. Except as provided in section 17b-277 and section 17b-292, the medical assistance program shall provide coverage to persons under the age of nineteen with household income up to one hundred ninety-six per cent of the federal poverty level without an asset limit and to persons under the age of nineteen, who qualify for coverage under Section 1931 of the Social Security Act, with household income not exceeding one hundred ninety-six per cent of the federal poverty level without an asset limit, and their parents and needy caretaker relatives, who qualify for coverage under Section 1931 of the Social Security Act, with household income not exceeding one hundred [fifty] thirty-three per cent of the federal poverty level without an asset limit. Such levels shall be based on the regional differences in such benefit amount, if applicable, unless such levels based on regional differences are not in conformance with federal law. Any income in excess of the applicable amounts shall be applied as may be required by said federal law, and assistance shall be granted for the balance of the cost of authorized medical assistance. The Commissioner of Social Services shall provide applicants for assistance under this section, at the time of application, with a written statement advising them of (1) the effect of an assignment or transfer or other disposition of property on eligibility for benefits or assistance, (2) the effect that having income that exceeds the limits prescribed in this subsection will have with respect to program eligibility, and (3) the availability of, and eligibility for, services provided by the Nurturing Families Network established pursuant to section 17b-751b. For coverage dates on or after January 1, 2014, the department shall use the modified adjusted gross income financial eligibility rules set forth in Section 1902(e)(14) of the Social Security Act and the implementing regulations to determine eligibility for HUSKY A, HUSKY B and HUSKY D applicants, as defined in section 17b-290. Persons who are determined ineligible for assistance pursuant to this section shall be provided a written statement notifying such persons of their ineligibility and advising such persons of their potential eligibility for one of the other insurance affordability programs as defined in 42 CFR 435.4.
Sec. 139. (NEW) (Effective January 1, 2018) The Commissioner of Social Services shall review whether a parent or needy caretaker relative, who qualifies for Medicaid coverage under Section 1931 of the Social Security Act and is no longer eligible on and after the effective date of this section, remains eligible for Medicaid under the same or a different category of coverage before terminating coverage.
Sec. 140. Subsection (c) of section 4-124v of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) (1) There is established the nonprofit collaboration incentive grant program to provide grants to nonprofit organizations for infrastructure costs related to the consolidation of programs and services resulting from the collaborative efforts of two or more such organizations. Grant funds may be used for: (A) The purchase of and improvements to facilities; (B) the refinancing of facility loans; (C) equipment purchases; (D) energy conservation, transportation and technology projects; (E) planning and administrative costs related to such purchases, improvements, refinancing or projects; and (F) any other purpose authorized in guidelines established under subdivision (2) of this subsection.
(2) Not later than February 1, 2010, the Secretary of the Office of Policy and Management shall, in consultation with the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to human services, and with representatives of nonprofit organizations that receive state funding, develop guidelines for (A) administration of the nonprofit collaboration incentive grant program, (B) eligibility criteria for participation by nonprofit organizations, and for the expenditure of grant funds, and (C) prioritization for the awarding of grants pursuant to this section.
(3) [Not later than March 1, 2010, and annually thereafter, the Secretary of the Office of Policy and Management shall publish a notice of grant availability and solicit proposals for funding under the nonprofit collaboration incentive grant program.] Nonprofit organizations eligible for such funding pursuant to the guidelines developed under subdivision (2) of this subsection may file applications for such funding at such times and in such manner as the secretary prescribes. The secretary shall review all grant applications and make determinations as to which projects to fund and the amount of grants to be awarded in accordance with the guidelines developed under subdivision (2) of this subsection.
Sec. 141. Section 17b-112l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established [a two-generational school readiness and workforce development pilot program. The pilot program shall operate through June 30, 2017, and shall] an initiative to foster family economic self-sufficiency in low-income households [by delivering academic and job readiness support services] through a comprehensive two-generational service delivery approach. The initiative shall promote systemic change to create conditions across local and state public sector agencies and the private sector to support early childhood care and education, health and workforce readiness and self-sufficiency across two generations in the same household. Households may include, but need not be limited to, mothers, fathers, noncustodial parents and other primary caregivers. [The pilot program shall be located in New Haven, Greater Hartford, Norwalk, Meriden, Colchester and Bridgeport. The pilot sites shall work together as a learning community, informed by members of low-income households within the pilot sites, peer-to-peer exchange and technical assistance in best practices. For purposes of this section, "Greater Hartford" means Hartford, East Hartford and West Hartford.
(b) The two-generational school readiness and workforce development pilot program shall serve as a blueprint for a state-wide, two-generational school readiness and workforce development model and may include opportunities for state-wide learning, in addition to the pilot sites, in two-generational system building and policy development. The pilot program shall be funded by state and available private moneys and shall include:
(1) Early]
(b) The Office of Early Childhood shall serve as the two-generational initiative's coordinating agency for the executive branch. The initiative may review and consider the following, within available appropriations:
(1) Improvements to the coordination and delivery of early learning programs, adult education, child care, housing, job training, transportation, financial literacy and other related support services, including, but not limited to, health and mental health services, offered at one location, wherever possible;
(2) Alignment of existing state and local support systems around the household, including how to leverage Temporary Assistance for Needy Families block grant funds, and services to equip such households with the tools and skills needed to overcome obstacles and engage opportunities;
[(2)] (3) Development of a long-term plan to [adopt a two-generational model for the delivery of the services described in subdivision (1) of this subsection on a state-wide basis] coordinate, align and optimize service delivery of relevant programs state wide. Such plan [shall] may include, but need not be limited to, (A) the targeted use of Temporary Assistance for Needy Families [(TANF)] block grant funds, to the extent permissible under federal law, to support two-generational programming; [, and] (B) state [grant] incentives for private entities that develop such two-generational programming; (C) streamlined resource, practice and data sharing among and between agencies that serve families involved in the initiative in order to best serve such families; and (D) the development and assessment of two-generational programming outcomes; and
[(3)] (4) Partnerships between state and national philanthropic organizations, as available, to provide [the pilot sites and interagency working group established pursuant to subsection (c) of this section with] support, technical assistance, [in the phase-in and design of model two-generational programs and practices, an evaluation plan, state-wide replication and implementation of the program; and] guidance and best practices to the participating communities in the initiative and the advisory council established pursuant to subsection (d) of this section.
[(4) A workforce liaison to gauge the needs of employers and households in each community and help coordinate the two-generational program to meet the needs of such employers and households.
(c) The program shall be overseen by an interagency working group that shall include, but need not be limited to, the Commissioners of Social Services, Early Childhood, Education, Housing, Transportation, Public Health and Correction, or each commissioner's designee; the Labor Commissioner, or the Labor Commissioner's designee; the Chief Court Administrator, or the Chief Court Administrator's designee; one member of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, appointed by the speaker of the House of Representatives; one member of the joint standing committee of the General Assembly having cognizance of matters relating to human services, appointed by the president pro tempore of the Senate; one member representing the interests of business or trade organizations, appointed by the majority leader of the Senate; one member with expertise on issues concerning children and families, appointed by the majority leader of the House of Representatives; one member of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, appointed by the minority leader of the Senate; one member of the joint standing committee of the General Assembly having cognizance of matters relating to education, appointed by the minority leader of the House of Representatives; not more than six members of low-income households selected by the agency coordinating services at each pilot site; representatives of nonprofit and philanthropic organizations and scholars who are experts in two-generational programs and policies; and other business and academic professionals as needed to achieve goals for two-generational systems planning, evaluations and outcomes. The staff of the Commission on Women, Children and Seniors shall serve as the organizing and administrative staff of the working group.
(d) Coordinators of two-generational programs in each community in the pilot program and any organization serving as a fiduciary for the program shall report on a quarterly basis to the interagency working group.]
(c) The initiative shall foster the comprehensive two-generational service delivery approach for early care and education and workforce readiness in learning communities that may include, but need not be limited to, New Haven, Hartford, East Hartford, West Hartford, Norwalk, Meriden, Windham, Enfield, Waterbury and Bridgeport. The initiative shall be informed by members of low-income households within these communities and foster a peer-to-peer exchange and technical assistance in best practices that shall be shared with the advisory council established pursuant to subsection (d) of this section. The staff of the Commission on Women, Children and Seniors shall serve as the organizing and administrative staff to the learning communities.
(d) A Two-Generational Advisory Council shall be established as part of the initiative to advise the state on how to foster family economic self-sufficiency in low-income households through a comprehensive two-generational service delivery approach for early care and education and workforce readiness. The council shall consist of one member of the General Assembly appointed by the speaker of the House of Representatives, who shall serve as a cochairperson; one member of the Senate appointed by the president pro tempore of the Senate, who shall serve as a cochairperson; one member representing the interests of business or trade organizations appointed by the majority leader of the Senate; one member with expertise on issues concerning health and mental health appointed by the majority leader of the House of Representatives; one member on issues concerning children and families appointed by the minority leader of the Senate; one member of the General Assembly appointed by the minority leader of the House of Representatives; a member of a low-income household selected by the Commission on Women, Children and Seniors; representatives of nonprofit and philanthropic organizations and scholars who are experts in two-generational programs and policies; and other business and academic professionals as needed to achieve goals for two-generational systems planning, evaluations and outcomes selected by the cochairpersons. The Commissioners of Social Services, Early Childhood, Education, Housing, Transportation, Public Health and Correction and the Labor Commissioner, or each commissioner's designee; and the Chief Court Administrator, or the Chief Court Administrator's designee, shall serve as ex-officio members of the advisory council. The staff of the Commission on Women, Children and Seniors shall serve as the organizing and administrative staff of the advisory council.
(e) Not later than [January 1, 2017, the interagency working group] December 31, 2018, the advisory council shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to education, housing, human services, public health, transportation and appropriations and the budgets of state agencies that [states: (1) The parent-informed strategies selected for success; (2) the challenges and opportunities in working with a parent and child concurrently to promote school and workforce success; (3) the changes in policy, program, budget or communications on the local and state levels to achieve the goals of the program; (4) child, parent and family outcomes in the areas of school readiness and school success, as determined by the interagency working group in consultation with state and national evaluators; (5) workforce readiness, work success and family support outcomes, as determined by the interagency working group in consultation with state and national evaluators; (6) the cost of the program in both state and private dollars; and (7) recommendations to expand the program to additional communities state wide] includes: (1) The challenges and opportunities in working with a parent and child concurrently in a two-generational service delivery model; (2) recommendations to improve systems, policy, culture, program, budget or communications issues among agencies and service providers on the local and state levels to achieve two-generational outcomes; and (3) recommendations on the elimination of barriers to promote two-generational success.
Sec. 142. Section 4-68t of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Secretary of the Office of Policy and Management shall track and analyze the rates of recidivism for children in this state. Not later than August 15, 2018, and annually August fifteenth thereafter, the secretary shall submit, in accordance with section 11-4a, a report containing and analyzing such rates of recidivism to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
Sec. 143. Section 17a-22bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) The Commissioner of Children and Families, in consultation with representatives of the children and families served by the department, including children at increased risk of involvement with the juvenile justice system, providers of mental, emotional or behavioral health services for such children and families, advocates, and others interested in the well-being of children and families in this state, shall develop a comprehensive implementation plan, across agency and policy areas, for meeting the mental, emotional and behavioral health needs of all children in the state, and preventing or reducing the long-term negative impact of mental, emotional and behavioral health issues on children. In developing the implementation plan, the department shall include, at a minimum, the following strategies to prevent or reduce the long-term negative impact of mental, emotional and behavioral health issues on children:
(A) Employing prevention-focused techniques, with an emphasis on early identification and intervention;
(B) Ensuring access to developmentally-appropriate services;
(C) Offering comprehensive care within a continuum of services;
(D) Engaging communities, families and youths in the planning, delivery and evaluation of mental, emotional and behavioral health care services;
(E) Being sensitive to diversity by reflecting awareness of race, culture, religion, language and ability;
(F) Establishing results-based accountability measures to track progress towards the goals and objectives outlined in this section, sections 17a-22cc, 17a-22dd and 17a-248h and section 7 of public act 13-178;
(G) Applying data-informed quality assurance strategies to address mental, emotional and behavioral health issues in children;
(H) Improving the integration of school and community-based mental health services; [and]
(I) Enhancing early interventions, consumer input and public information and accountability by (i) in collaboration with the Department of Public Health, increasing family and youth engagement in medical homes; (ii) in collaboration with the Department of Social Services, increasing awareness of the 2-1-1 Infoline program; and (iii) in collaboration with each program that addresses the mental, emotional or behavioral health of children within the state, insofar as they receive public funds from the state, increasing the collection of data on the results of each program, including information on issues related to response times for treatment, provider availability and access to treatment options; and
(J) Identifying and addressing any increased risk of involvement in the juvenile and criminal justice system attributable to unmet mental, emotional and behavioral health needs of children.
(2) Not later than April 15, 2014, the commissioner shall submit and present a status report on the progress of the implementation plan, in accordance with section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children and appropriations.
(3) On or before October 1, 2014, the commissioner shall submit and present the implementation plan, in accordance with section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children and appropriations.
(4) On or before October 1, 2015, and biennially thereafter through and including 2019, the department shall, in collaboration with the Department of Education, Department of Social Services, Department of Developmental Services, Office of Early Childhood, Department of Public Health and Court Support Services Division of the Judicial Branch, submit and present progress reports on the status of implementation, and any data-driven recommendations to alter or augment the implementation in accordance with section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children and appropriations.
(b) Emergency mobile psychiatric service providers shall collaborate with community-based mental health care agencies, school-based health centers and the contracting authority for each local or regional board of education throughout the state, utilizing a variety of methods, including, but not limited to, memoranda of understanding, policy and protocols regarding referrals and outreach and liaison between the respective entities. These methods shall be designed to (1) improve coordination and communication in order to enable such entities to promptly identify and refer children with mental, emotional or behavioral health issues to the appropriate treatment program, and (2) plan for any appropriate follow-up with the child and family.
(c) Local law enforcement agencies and local and regional boards of education that employ or engage school resource officers shall, provided federal funds are available, train school resource officers in nationally recognized best practices to prevent students with mental health issues from being victimized or disproportionately referred to the juvenile justice system as a result of their mental health issues.
(d) The Department of Children and Families, in collaboration with agencies that provide training for mental health care providers in urban, suburban and rural areas, shall provide phased-in, ongoing training for mental health care providers in evidence-based and trauma-informed interventions and practices.
(e) The state shall seek existing public or private reimbursement for (1) mental, emotional and behavioral health care services delivered in the home and in elementary and secondary schools, and (2) mental, emotional and behavioral health care services offered through the Department of Social Services pursuant to the federal Early and Periodic Screening, Diagnosis and Treatment Program under 42 USC 1396d.
(f) On or before October 1, 2017, the Department of Children and Families, in collaboration with the Judicial Branch and the Department of Correction, shall submit a plan to prevent or reduce the negative impact of mental, emotional and behavioral health issues on children and youth twenty years of age or younger who are held in secure detention or correctional confinement, in accordance with section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children and appropriations.
(g) On or before October 1, 2017, and annually thereafter, the Commissioner of Correction shall compile records regarding the frequency and use of physical restraint and seclusion, as defined in section 46a-150, on children and youth twenty years of age or younger who are in the custody of the commissioner at the John R. Manson Youth Institution, Cheshire, and shall submit a report summarizing such records, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to children. Such report shall address the prior year and shall indicate, at a minimum, the frequency that (1) physical restraint was used as (A) an emergency intervention, and (B) a nonemergency intervention, and (2) restricted housing or other types of administrative segregation or seclusion were used at such facility.
(h) On or before July 1, 2018, the Department of Children and Families, in collaboration with the Children's Mental, Emotional and Behavioral Health Plan Implementation Advisory Board, established pursuant to section 17a-22f, shall submit recommendations for addressing any unmet mental, emotional and behavioral health needs of children that are attributed to an increased risk of involvement in the juvenile and criminal justice systems, in accordance with section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to children and appropriations.
Sec. 144. Subsection (b) of section 17a-22ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The board shall consist of the following members:
(1) Eight appointed by the Commissioner of Children and Families, who shall represent families of children who have been diagnosed with mental, emotional or behavioral health issues;
(2) Two appointed by the Commissioner of Children and Families, who shall represent a private foundation providing mental, emotional or behavioral health care services for children and families in the state;
(3) Four appointed by the Commissioner of Children and Families, who shall be providers of mental, emotional or behavioral health care services for children in the state, at least one of whom shall be a provider of services to children involved with the juvenile justice system;
(4) Three appointed by the Commissioner of Children and Families, who shall represent private advocacy groups that provide services for children and families in the state;
(5) One appointed by the Commissioner of Children and Families, who shall represent the United Way of Connecticut 2-1-1 Infoline program;
(6) One appointed by the majority leader of the House of Representatives, who shall be a medical doctor representing the Connecticut Children's Medical Center Emergency Department;
(7) One appointed by the majority leader of the Senate, who shall be a superintendent of schools in the state;
(8) One appointed by the minority leader of the House of Representatives, who shall represent the Connecticut Behavioral Healthcare Partnership;
(9) One appointed by the minority leader of the Senate who shall represent the Connecticut Association of School-Based Health Centers;
(10) The Commissioner of Children and Families, or the commissioner's designee;
(11) The Commissioner of Developmental Services, or the commissioner's designee;
(12) The Commissioner of Social Services, or the commissioner's designee;
(13) The Commissioner of Public Health, or the commissioner's designee;
(14) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;
(15) The Commissioner of Education, or the commissioner's designee;
(16) The Commissioner of Early Childhood, or the commissioner's designee;
(17) The Insurance Commissioner, or the commissioner's designee;
(18) The executive director of the Court Support Services Division of the Judicial Branch, or the executive director's designee;
(19) The Child Advocate, or the Child Advocate's designee;
(20) The Healthcare Advocate, or the Healthcare Advocate's designee; and
(21) The executive director of the Commission on Women, Children and Seniors, or the executive director's designee.
Sec. 145. Section 46b-149 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
[(a) Any selectman, town manager, police officer or welfare department of any town, city or borough, any probation officer or superintendent of schools, the Commissioner of Children and Families, any child-caring institution or agency approved or licensed by the Commissioner of Children and Families, any youth service bureau, a parent or foster parent of a child, or a child or the child's representative or attorney, who believes that the acts or omissions of a child are such that the child is from a family with service needs, may file a written complaint setting forth those facts with the Superior Court which has venue over the matter.
(b) The court shall refer a complaint filed under subsection (a) of this section to a probation officer, who shall promptly determine whether it appears that the alleged facts, if true, would be sufficient to meet the definition of a family with service needs, provided a complaint alleging that a child is a truant or habitual truant shall not be determined to be insufficient to meet the definition of a family with service needs solely because it was filed during the months of April, May or June. If such probation officer so determines, the probation officer shall, after an initial assessment, promptly refer the child and the child's family to a suitable community-based program or other service provider, or to a family support center as provided in section 46b-149e, for voluntary services. If the child and the child's family are referred to a community-based program or other service provider and the person in charge of such program or provider determines that the child and the child's family can no longer benefit from its services, such person shall inform the probation officer, who shall, after an appropriate assessment, either refer the child and the child's family to a family support center for additional services or determine whether or not to file a petition with the court under subsection (c) of this section. If the child and the child's family are referred to a family support center and the person in charge of the family support center determines that the child and the child's family can no longer benefit from its services, such person shall inform the probation officer, who may file a petition with the court in the manner prescribed in subsection (c) of this section. The probation officer shall inform the complainant in writing of the probation officer's action under this subsection. If it appears that the allegations are not true, or that the child's family does not meet the definition of a family with service needs, the probation officer shall inform the complainant in writing of such finding.]
(a) The provisions of this section in effect on June 30, 2019, revision of 1958, revised to January 1, 2019, shall be applicable to any petition filed in accordance with such provisions on or before June 30, 2019.
[(c)] (b) A petition alleging that a child is from a family with service needs shall be verified and filed with the Superior Court which has venue over the matter. The petition shall set forth plainly: (1) The facts which bring the child within the jurisdiction of the court; (2) the name, date of birth, sex and residence of the child; (3) the name and residence of the child's parent or parents, guardian or other person having control of the child; and (4) a prayer for appropriate action by the court in conformity with the provisions of this section.
[(d)] (c) When a petition is filed under subsection [(c)] (b) of this section, the court may issue a summons to the child and the child's parents, guardian or other person having control of the child to appear in court at a specified time and place. The summons shall be signed by a judge or by the clerk or assistant clerk of the court, and a copy of the petition shall be attached to it. Whenever it appears to the judge that orders addressed to an adult, as set forth in section 46b-121, are necessary for the welfare of such child, a similar summons shall be issued and served upon such adult if he or she is not already in court. Service of summons shall be made in accordance with section 46b-128. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who fails to appear in court at the time and place so specified. [If a petition is filed under subsection (c) of this section alleging that a child is from a family with service needs because a child is a truant or habitual truant, the court may not dismiss such petition solely because it was filed during the months of April, May or June.
(e) When a petition is filed under subsection (c) of this section alleging that a child is from a family with service needs because such child has been habitually truant, the court shall order that the local or regional board of education for the town in which the child resides, or the private school in the case of a child enrolled in a private school, shall cause an educational evaluation of such child to be performed if no such evaluation has been performed within the preceding year. Any costs incurred for the performance of such evaluation shall be borne by such local or regional board of education or such private school.]
[(f)] (d) If it appears from the allegations of a petition or other sworn affirmations that there is: (1) A strong probability that the child may do something that is injurious to himself prior to court disposition; (2) a strong probability that the child will run away prior to the hearing; or (3) a need to hold the child for another jurisdiction, a judge may vest temporary custody of such child in some suitable person or agency. No nondelinquent juvenile runaway from another state may be held in a state-operated detention home in accordance with the provisions of section 46b-151h, the Interstate Compact for Juveniles. A hearing on temporary custody shall be held not later than ten days after the date on which a judge signs an order of temporary custody. Following such hearing, the judge may order that the child's temporary custody continue to be vested in some suitable person or agency. Any expenses of temporary custody shall be paid in the same manner as provided in subsection (b) of section 46b-129.
[(g)] (e) If a petition is filed under subsection [(c)] (b) of this section and it appears that the interests of the child or the family may be best served, prior to adjudication, by a referral to community-based or other services, the judge may permit the matter to be continued for a reasonable period of time not to exceed six months, which time period may be extended by an additional three months for cause. If it appears at the conclusion of the continuance that the matter has been satisfactorily resolved, the judge may dismiss the petition.
[(h)] (f) If the court finds, based on clear and convincing evidence, that a child is from a family with service needs, the court may, in addition to issuing any orders under section 46b-121: (1) Refer the child to the Department of Children and Families for any voluntary services provided by the department; [or, if the child is from a family with service needs solely as a result of a finding that the child is a truant or habitual truant, to the authorities of the local or regional school district or private school for services provided by such school district or such school, which services may include summer school, or to community agencies providing child and family services;] (2) order the child to remain in the child's own home or in the custody of a relative or any other suitable person [(A)] subject to the supervision of a probation officer; [, or (B) in the case of a child who is from a family with service needs solely as a result of a finding that the child is a truant or habitual truant, subject to the supervision of a probation officer and the authorities of the local or regional school district or private school;] (3) if the child is from a family with service needs as a result of the child engaging in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child, (A) refer the child to a youth service bureau or other appropriate service agency for participation in a program such as a teen pregnancy program or a sexually transmitted disease program, and (B) require such child to perform community service such as service in a hospital, an AIDS prevention program or an obstetrical and gynecological program; or (4) upon a finding that there is no less restrictive alternative, commit the child to the care and custody of the Commissioner of Children and Families for an indefinite period not to exceed eighteen months. The child shall be entitled to representation by counsel and an evidentiary hearing. If the court issues any order which regulates future conduct of the child, parent or guardian, the child, parent or guardian shall receive adequate and fair warning of the consequences of violation of the order at the time it is issued, and such warning shall be provided to the child, parent or guardian, to his or her attorney and to his or her legal guardian in writing and shall be reflected in the court record and proceedings.
[(i)] (g) At any time during the period of supervision, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, as deemed appropriate by the court. The court shall cause a copy of any such orders to be delivered to the child and to such child's parent or guardian and probation officer.
[(j)] (h) (1) The Commissioner of Children and Families may file a motion for an extension of a commitment under this section on the grounds that an extension would be in the best interest of the child. The court shall give notice to the child and the child's parent or guardian at least fourteen days prior to the hearing upon such motion. The court may, after hearing and upon finding that such extension is in the best interest of the child and that there is no suitable less restrictive alternative, continue the commitment for an additional indefinite period of not more than eighteen months. (2) The Commissioner of Children and Families may at any time file a motion to discharge a child committed under this section, and any child committed to the commissioner under this section, or the parent or guardian of such child, may at any time but not more often than once every six months file a motion to revoke such commitment. The court shall notify the child, the child's parent or guardian and the commissioner of any motion filed under this subsection, and of the time when a hearing on such motion will be held. Any order of the court made under this subsection shall be deemed a final order for purposes of appeal, except that no bond shall be required and no costs shall be taxed on such appeal. (3) Not later than twelve months after a child is committed to the Commissioner of Children and Families in accordance with subdivision (4) of subsection [(h)] (f) of this section or section 46b-149f, the court shall hold a permanency hearing in accordance with subsection [(k)] (i) of this section. After the initial permanency hearing, subsequent permanency hearings shall be held at least once every twelve months while the child remains committed to the Commissioner of Children and Families.
[(k)] (i) At least sixty days prior to each permanency hearing required under subsection [(j)] (h) of this section, the Commissioner of Children and Families shall file a permanency plan with the court. At each permanency hearing, the court shall review and approve a permanency plan that is in the best interests of the child and takes into consideration the child's need for permanency. Such permanency plan may include the goal of: (1) Revocation of commitment and subsequent placement of the child with the parent or guardian, (2) transfer of guardianship, (3) permanent placement with a relative, (4) adoption, or (5) any other planned permanent living arrangement ordered by the court, provided the Commissioner of Children and Families has documented a compelling reason why it would not be in the best interest of the child for the permanency plan to include the goals set forth in subdivisions (1) to (4), inclusive, of this subsection. Such other planned permanent living arrangement may include, but not be limited to, placement of the child in an independent living program. At any such permanency hearing, the court shall also determine whether the Commissioner of Children and Families has made reasonable efforts to achieve the goals in the permanency plan.
Sec. 146. Subdivision (5) of section 46b-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
(5) "Family with service needs" means a family that includes a child who is at least seven years of age and is under eighteen years of age who, according to a petition lawfully filed on or before June 30, 2019, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's or youth's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) [is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, or (E)] is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child or youth;
Sec. 147. Subsection (k) of section 46b-124 of the general statutes, as amended by section 2 of public act 17-99, is repealed and the following is substituted in lieu thereof (Effective from passage):
(k) (1) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any [detention screening or] mental health screening or assessment of such child, during the provision of services pursuant to subsection (b) of section 46b-149, or during the performance of an educational evaluation pursuant to subsection (e) of section 46b-149, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity providing such services or performing such screening, assessment or evaluation. Such information may be further disclosed only for the purposes of any court-ordered evaluation or treatment of the child or provision of services to the child, or pursuant to sections 17a-101 to 17a-101e, inclusive, 17b-450, 17b-451 or 51-36a. [Any information concerning a child that is obtained during the administration of the detention screening instrument in accordance with section 46b-133 shall be used solely for the purpose of making a recommendation to the court regarding the detention of the child.] Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.
(2) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention risk screening of such child shall be used solely for determining the child's risk to public safety as required by subsection (e) of section 46b-133. The information obtained and results of the detention risk screening shall be used for the purpose of making a recommendation to the court regarding the detention of the child and shall otherwise be confidential and retained in the files of the person performing such screening, but shall be disclosed to any attorney of record upon motion and order of the court. Any information and results disclosed upon such motion and order shall be available to any attorney of record for such case. Such information and results shall otherwise not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.
Sec. 148. Subsections (a) and (b) of section 46b-149f of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
(a) When a child who has been adjudicated as a child from a family with service needs pursuant to a petition filed on or before June 30, 2019, in accordance with section 46b-149, violates any valid order which regulates future conduct of the child made by the court following such an adjudication, a probation officer, on receipt of a complaint setting forth facts alleging such a violation, or on the probation officer's own motion on the basis of his or her knowledge of such a violation, may file a petition with the court alleging that the child has violated a valid court order and setting forth the facts claimed to constitute such a violation. Service shall be made in the same manner as set forth for a summons in subsection [(d)] (c) of section 46b-149. The child shall be entitled to representation by counsel and an evidentiary hearing on the allegations contained in the petition. If the court finds, by clear and convincing evidence, that the child has violated a valid court order, the court may (1) order the child to remain in such child's home or in the custody of a relative or any other suitable person, subject to the supervision of a probation officer or an existing commitment to the Commissioner of Children and Families, (2) upon a finding that there is no less restrictive alternative appropriate to the needs of the child and the community, enter an order that directs or authorizes a peace officer or other appropriate person to place the child in a staff-secure facility under the auspices of the Court Support Services Division for a period not to exceed forty-five days, with court review every fifteen days to consider whether continued placement is appropriate, at the end of which period the child shall be returned to the community and may be subject to the supervision of a probation officer, or (3) order that the child be committed to the care and custody of the Commissioner of Children and Families for a period not to exceed eighteen months and that the child cooperate in such care and custody.
(b) When a child who has been adjudicated as a child from a family with service needs pursuant to a petition filed on or before June 30, 2019, in accordance with section 46b-149 is under an order of supervision or an order of commitment to the Commissioner of Children and Families and believed to be in imminent risk of physical harm from the child's surroundings or other circumstances, a probation officer, on receipt of a complaint setting forth facts alleging such risk, or on the probation officer's own motion on the basis of his or her knowledge of such risk, may file a petition with the court alleging that the child is in imminent risk of physical harm and setting forth the facts claimed to constitute such risk. Service shall be made in the same manner as set forth for a summons in subsection [(d)] (c) of section 46b-149. If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition, or subsequent thereto, that there is probable cause to believe that (1) the child is in imminent risk of physical harm from the child's surroundings, (2) as a result of such condition, the child's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's safety, and (3) there is no less restrictive alternative available, the court shall enter an order that directs or authorizes a peace officer or other appropriate person to place the child in a staff-secure facility under the auspices of the Court Support Services Division for a period not to exceed forty-five days, subject to subsection (c) of this section, with court review every fifteen days to consider whether continued placement is appropriate, at the end of which period the child shall either be (A) returned to the community for appropriate services, subject to the supervision of a probation officer or an existing commitment to the Commissioner of Children and Families, or (B) committed to the Department of Children and Families for a period not to exceed eighteen months if a hearing has been held and the court has found, based on clear and convincing evidence, that (i) the child is in imminent risk of physical harm from the child's surroundings, (ii) as a result of such condition, the child's safety is endangered and removal from such surroundings is necessary to ensure the child's safety, and (iii) there is no less restrictive alternative available. Any such child shall be entitled to the same procedural protections as are afforded to a delinquent child.
Sec. 149. Subsection (a) of section 46b-133g of the general statutes, as amended by section 41 of public act 17-99, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall develop and implement a detention risk assessment instrument to be used to determine, based on the risk level, whether there is: (1) Probable cause to believe that a child will pose a risk to public safety if released to the community prior to the court hearing or disposition, or (2) a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process. Such instrument shall be used when assessing whether a child should be detained pursuant to section 46b-133. Any detention risk screening shall be subject to the protections of subsection (k) of section 46b-124. [, as amended by this act.]
Sec. 150. (Effective January 1, 2018) (a) There is established a pilot program that shall provide indigent individuals with access to legal counsel at any hearing on an application for relief from abuse brought under section 46b-15 of the general statutes. The pilot program shall be administered in accordance with the provisions of this section. Funding for the pilot program shall be in accordance with the provisions of section 151 of this act. If funding is not made available in accordance with section 151 of this act by July 1, 2018, then the Division of Public Defender Services and the Judicial Branch shall not be required to undertake the duties described in this section. The pilot program shall commence on July 1, 2018, and shall terminate on June 30, 2019.
(b) (1) The Judicial Branch, utilizing funds made available pursuant to section 151 of this act, shall contract with one or more nonprofit organizations, whose principal purpose is to provide legal services to indigent individuals, to provide legal counsel to an applicant at any hearing on an application for relief from abuse brought under section 46b-15 of the general statutes. The provision of legal counsel under this subsection shall only be for the duration of the pilot program and shall be limited to the issue of whether the application for relief under section 46b-15 of the general statutes shall be granted or denied.
(2) The Division of Public Defender Services, utilizing funds made available pursuant to section 151 of this act, shall provide legal counsel to a respondent at any hearing on an application for relief from abuse brought under section 46b-15 of the general statutes. The provision of legal counsel under this subsection shall only be for the duration of the pilot program and shall be limited to the issue of whether the application for relief under section 46b-15 of the general statutes shall be granted or denied.
(c) The Chief Court Administrator shall select one judicial district in which to provide the legal services described in subsection (b) of this section.
(d) No individual who seeks services under the pilot program shall be provided access to legal counsel under subsection (b) of this section, unless: (1) If such individual is (A) the applicant in a proceeding brought under section 46b-15 of the general statutes, the individual successfully demonstrates to the nonprofit organization with whom the Judicial Branch has contracted for the provision of legal services that he or she is indigent, or (B) the respondent in a proceeding brought under section 46b-15 of the general statutes, the individual successfully demonstrates to the Division of Public Defender Services that he or she is indigent; and (2) such proceeding is pending in the judicial district selected pursuant to subsection (c) of this section.
(e) For purposes of this section, an applicant or respondent shall be determined indigent if he or she has annual gross income that is at or below the following guidelines: (1) $23,760 for an applicant or respondent with no dependents, (2) $32,040 for an applicant or respondent with one dependent, (3) $40,320 for an applicant or respondent with two dependents, and (4) $48,600 for an applicant or respondent with three dependents. If an applicant or respondent has more than three dependents, for each additional dependent the sum of $8,320 shall be added to $48,600.
(f) Prior to providing legal counsel to any individual under the pilot program, the Division of Public Defender Services and any nonprofit organization with whom the Judicial Branch contracts for the provision of legal services under the pilot program, shall ensure that attorneys are assigned to proceedings in a manner that will avoid conflicts of interest, as defined by the Rules of Professional Conduct.
(g) Not later than January 1, 2019, the Chief Court Administrator, shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on: (1) The status and results of the pilot program, and (2) whether a permanent program that provides similar legal services should be established in the state. Such report may also include legislative recommendations concerning the establishment of the pilot program on a permanent basis.
Sec. 151. (Effective from passage) For each of the fiscal years ending June 30, 2018, and June 30, 2019, the Attorney General, utilizing transfer invoices, shall remit two hundred thousand dollars to the Judicial Branch and two hundred thousand dollars to the Division of Public Defender Services from moneys received by the Office of the Attorney General in connection with the settlement of any lawsuit to which the state is a party. Moneys remitted to the Judicial Branch and the Division of Public Defender Services pursuant to this section shall be used for purposes of the pilot program established in section 150 of this act.
Sec. 152. Subsection (a) of section 10-157 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) [Any] Each local [or regional] board of education for a municipality with (1) a population of ten thousand or more, (2) three or more public schools located in the municipality, and (3) two thousand or more resident students, as defined in section 10-262f, shall provide for the supervision of the schools under its control by a superintendent who shall serve as the chief executive officer of the board. A local board of education for any other municipality may (A) provide for the supervision of the schools under its control by a superintendent who shall serve as the chief executive officer of the board, or (B) receive direction concerning the supervision of the schools under its control by a superintendent employed by another local board of education, provided the legislative body of such other municipality authorizes the use of such superintendent. Each regional board of education shall provide for the supervision of the schools under its control by a superintendent who shall serve as the chief executive officer of the board. The superintendent shall have executive authority over the school system and the responsibility for its supervision. Employment of a superintendent shall be by election of the board of education. Except as provided in subsection (b) of this section, no person shall assume the duties and responsibilities of the superintendent until the board receives written confirmation from the Commissioner of Education that the person to be employed is properly certified or has had such certification waived by the commissioner pursuant to subsection (c) of this section. The commissioner shall inform any such board, in writing, of the proper certification, waiver of certification or lack of certification or waiver of any such person not later than fourteen days after the name of such person is submitted to the commissioner pursuant to section 10-226. A majority vote of all members of the board shall be necessary to an election, and the board shall fix the salary of the superintendent and the term of office, which shall not exceed three years. Upon election and notification of employment or reemployment, the superintendent may request and the board shall provide a written contract of employment which includes, but is not limited to, the salary, employment benefits and term of office of such superintendent. Such superintendent shall, at least three weeks before the annual town or regional school district meeting, submit to the board a full written report of the proceedings of such board and of the condition of the several schools during the school year preceding, with plans and suggestions for their improvement. The board of education shall evaluate the performance of the superintendent annually in accordance with guidelines and criteria mutually determined and agreed to by such board and such superintendent.
Sec. 153. (NEW) (Effective from passage) Upon the approval of the legislative body of a municipality and the local board of education for such municipality, such legislative body and local board of education may enter into a cooperative agreement relating to the performance of administrative and central office functions for the municipality and the school district.
Sec. 154. Subsection (a) of section 10-158a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any two or more boards of education may, in writing, agree to establish cooperative arrangements to provide school accommodations services, programs or activities, special education services, health care services, [or] alternative education, as defined in section 10-74j, or administrative and central office duties to enable such boards to carry out the duties specified in the general statutes. Such arrangements may include the establishment of a committee to supervise such programs, the membership of the committee to be determined by the agreement of the cooperating boards. Such committee shall have the power, in accordance with the terms of the agreement, to (1) apply for, receive directly and expend on behalf of the school districts which have designated the committee an agent for such purpose any state or federal grants which may be allocated to school districts for specified programs, the supervision of which has been delegated to such committee, provided such grants are payable before implementation of any such program or are to reimburse the committee pursuant to subsection (d) of this section for transportation provided to a school operated by a cooperative arrangement; (2) receive and disburse funds appropriated to the use of such committee by the cooperating school districts, the state or the United States, or given to the committee by individuals or private corporations; (3) hold title to real or personal property in trust, or as otherwise agreed to by the parties, for the appointing boards; (4) employ personnel; (5) enter into contracts; and (6) otherwise provide the specified programs, services and activities. Teachers employed by any such committee shall be subject to the provisions of the general statutes applicable to teachers employed by the board of education of any town or regional school district. For purposes of this section, the term "teacher" shall include each professional employee of a committee below the rank of superintendent who holds a regular certificate issued by the State Board of Education and who is in a position requiring such certification.
Sec. 155. (NEW) (Effective from passage) Prior to the start date for any person hired to fill a central office administrative personnel position (1) that provides an annual salary of one hundred thousand dollars or greater, and (2) for which the proposed or approved education budget does not provide funding for such central office administrative personnel position, the local board of education for a municipality shall notify the legislative body of such municipality regarding such hiring. The provisions of this section shall not apply to any such central office administrative personnel position that is paid for with funds received from a grant awarded to the local board of education or from any gift or donation made to the local board of education.
Sec. 156. (NEW) (Effective from passage) A regional board of education may establish a finance committee for the regional school district. The finance committee shall provide information to the regional board of education concerning local budget issues of the member towns, and any assistance requested by the regional board of education in the preparation of the proposed budget for the regional school district, pursuant to section 10-51 of the general statutes. The local board of education for each member town, or the legislative body of a member town in which there is no local board of education for such member town, shall appoint two representatives to the finance committee.
Sec. 157. (NEW) (Effective from passage) Any local board of education shall file forthwith a signed copy of any contract for administrative personnel with the town clerk, which town clerk shall post a copy of any such contract on the town's Internet web site. Any regional board of education shall file a copy of any such contract with the town clerk in each member town, which town clerk shall post a copy of any such contract on the town's Internet web site.
Sec. 158. Subdivision (9) of subsection (d) of section 7-473c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(9) In arriving at a decision, the arbitration panel shall give priority to the public interest and the financial capability of the municipal employer, including consideration of other demands on the financial capability of the municipal employer. There shall be an irrebuttable presumption that fifteen per cent of the municipal employer's budget reserve is not available for payment of the cost of any item subject to arbitration under this chapter. The panel shall further consider the following factors in light of such financial capability: (A) The negotiations between the parties prior to arbitration; (B) the interests and welfare of the employee group; (C) changes in the cost of living; (D) the existing conditions of employment of the employee group and those of similar groups; and (E) the wages, salaries, fringe benefits, and other conditions of employment prevailing in the labor market, including developments in private sector wages and benefits.
Sec. 159. Subsection (b) of section 17b-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) [If in developing the budget for the department for the next fiscal year, the commissioner contemplates applying for a federal waiver or submitting a proposed amendment to the federal government, the commissioner shall] The Commissioner of Social Services shall annually, not later than December fifteenth, notify the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and the joint standing committee of the General Assembly having cognizance of matters relating to human services of potential Medicaid waivers and amendments to the Medicaid state plan that may result in a cost savings for the state. The commissioner shall notify the committees of the possibility of [such] any Medicaid waiver application or proposed amendment to the Medicaid state plan that the commissioner is considering in developing a budget for the next fiscal year before the commissioner submits such budget for legislative approval.
Sec. 160. (NEW) (Effective from passage) Notwithstanding any special act, municipal charter or home rule ordinance, the legislative body of a municipality and the local board of education for such municipality shall consult when possible regarding the joint purchasing of property insurance, casualty insurance and workers' compensation insurance. For the purpose of this section, "municipality" means any town, city, borough, consolidated town and city or consolidated town and borough.
Sec. 161. (NEW) (Effective from passage) Any local board of education for a municipality, after going out to bid for a good or service and receiving submissions, shall consult with the legislative body of such municipality if such municipality provides or uses such good or service, and, if the equivalent level of such good or service is provided by such municipality or through a municipal contract for a lower cost than the lowest qualified bid submission received by such local board of education, such board of education shall consider a cooperative agreement with such municipality for the provision of such good or service. For purposes of this section, "good or service" includes, but is not limited to, portable classrooms, motor vehicles or materials and equipment, such as telephone systems, computers and copy machines.
Sec. 162. (NEW) (Effective from passage) Each local board of education for a municipality shall consult with the legislative body of such municipality prior to purchasing payroll processing or accounts payable software systems to determine whether such systems may be purchased or shared on a regional basis.
Sec. 163. Section 33 of public act 17-230 is repealed and the following is substituted in lieu thereof (Effective from passage):
The bridge on Route 229 in Southington, overpassing Interstate 84, shall be designated the "Detective Bruce [Boisland] Boislard Memorial Bridge".
Sec. 164. (NEW) (Effective January 1, 2018) (a) There is established an Office of Health Strategy, which shall be within the Department of Public Health for administrative purposes only. The department head of said office shall be the executive director of the Office of Health Strategy, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes, with the powers and duties therein prescribed.
(b) On or before July 1, 2018, the Office of Health Strategy shall be responsible for the following:
(1) Developing and implementing a comprehensive and cohesive health care vision for the state, including, but not limited to, a coordinated state health care cost containment strategy;
(2) Directing and overseeing (A) the all-payers claims database program established pursuant to section 113 of this act, and (B) the State Innovation Model Initiative and related successor initiatives;
(3) Coordinating the state's health information technology initiatives;
(4) Directing and overseeing the Office of Health Care Access and all of its duties and responsibilities as set forth in chapter 368z of the general statutes; and
(5) Convening forums and meetings with state government and external stakeholders, including, but not limited to, the Connecticut Health Insurance Exchange, to discuss health care issues designed to develop effective health care cost and quality strategies.
(c) The Office of Health Strategy shall constitute a successor, in accordance with the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes, to the functions, powers and duties of the following:
(1) The Connecticut Health Insurance Exchange, established pursuant to section 38a-1081 of the general statutes, relating to the administration of the all-payer claims database pursuant to section 113 of this act; and
(2) The Office of the Lieutenant Governor, relating to the (A) development of a chronic disease plan pursuant to section 19a-6q of the general statutes, (B) housing, chairing and staffing of the Health Care Cabinet pursuant to section 19a-725 of the general statutes, and (C) (i) appointment of the health information technology officer pursuant to section 19a-755 of the general statutes, and (ii) oversight of the duties of such health information technology officer as set forth in sections 17b-59, 17b-59a and 17b-59f of the general statutes.
(d) Any order or regulation of the entities listed in subdivisions (1) and (2) of subsection (c) of this section that is in force on July 1, 2018, shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law.
Sec. 165. Subdivision (11) of subsection (a) of section 38a-1089 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(11) The status of the implementation and administration of the all-payer claims database program established under section [38a-1091] 113 of this act.
Sec. 166. (Effective from passage) Notwithstanding the provisions of section 17b-99 of the general statutes, the Commissioner of Social Services shall not extrapolate any overpayments or assess any penalties against providers of birth-to-three early intervention services, as such services are defined in section 17a-248 of the general statutes, for errors made by such providers during the implementation of a fee-for-service payment methodology from November 1, 2017, to April 30, 2018, inclusive.
Sec. 167. (Effective from passage) The Division of Criminal Justice shall maintain funds appropriated to the Cold Case Unit separate from funds appropriated to the Shooting Task Force and shall expend such funds solely for the purposes appropriated.
Sec. 168. (NEW) (Effective from passage and applicable to taxable and income years commencing on or after January 1, 2017) (a) As used in this section, the following terms shall have the following meanings unless the context clearly indicates another meaning:
(1) "7/7 participant" means an eligible owner whose application submitted pursuant to subsection (c) of this section has been approved by the commissioner;
(2) "7/7 site" means the real property redeveloped and utilized or proposed to be redeveloped and utilized by a 7/7 participant in accordance with this section;
(3) "Brownfield" has the same meaning as provided in section 32-760 of the general statutes;
(4) "Completion of the brownfield remediation" means the completed remediation of a 7/7 site by a 7/7 participant as evidenced by the filing of either a verification or interim verification that meets the requirements of section 22a-133x, 22a-133y or 22a-134 of the general statutes;
(5) "Eligible owner" means any person, firm, limited liability company, nonprofit or for-profit corporation or other business entity that holds title to (A) a brownfield, provided such owner did not establish, create or maintain a source of pollution to the waters of the state for purposes of section 22a-432 of the general statutes and is not responsible pursuant to any other provision of the general statutes for any pollution or source of pollution on such brownfield; or (B) real property that has been abandoned or underutilized for ten or more years; and
(6) "Qualified expenditures" means the expenditures associated with the investigation, assessment and remediation of a brownfield, including, but not limited to: (A) Soil, groundwater and infrastructure investigation; (B) assessment; (C) remediation of soil, sediments, groundwater or surface water; (D) abatement; (E) hazardous materials or waste removal and disposal; (F) long-term groundwater or natural attenuation monitoring; (G) (i) environmental land use restrictions, (ii) activity and use limitations, or (iii) other forms of institutional control; (H) reasonable attorneys' fees; (I) planning, engineering and environmental consulting; and (J) remedial activity to address building and structural issues, including, but not limited to, demolition, asbestos abatement, polychlorinated biphenyls removal, contaminated wood or paint removal and other infrastructure remedial activities. "Qualified expenditures" do not include expenditures funded for such investigation, assessment, remediation and development directly through other state brownfield programs administered by the commissioner.
(b) There is established within the Department of Economic and Community Development the 7/7 program. Said program shall provide incentives to businesses for redeveloping and utilizing brownfields and real property that has been abandoned or underutilized for ten or more years. Participants in said program shall be eligible for the tax incentives provided under subsections (e) to (h), inclusive, of this section.
(c) To be designated a 7/7 participant, an eligible owner shall submit to the Commissioner of Economic and Community Development an application, on forms provided by the commissioner, that shall include the following information: (1) A description of the real property such eligible owner seeks to utilize and the proposed use for such property; (2) a written certification (A) from such eligible owner stating that such property is a brownfield, or (B) from the municipality in which such property is located stating that such property has been abandoned or underutilized for ten or more years, as determined by such municipality; (3) a plan that such eligible owner shall submit to high schools in the area of the brownfield and the regional-community technical colleges that includes the anticipated workforce needs for the proposed use of such property and workforce training requirements in order to enable such schools and colleges to develop educational training programs to meet such workforce needs; (4) a commitment by the eligible owner to hire not less than thirty per cent of its workforce from students enrolled in any programs developed as a result of subdivision (3) of this subsection; (5) a written certification from the municipality in which such property is located that such municipality supports the application for the designation of such property as a 7/7 site; and (6) any other information the commissioner deems necessary. The commissioner shall approve any application that satisfies the requirements of this subsection and shall notify the Commissioner of Revenue Services whenever he or she approves the application of an eligible owner.
(d) Any 7/7 participant that seeks to redevelop and utilize a brownfield shall not be eligible for any of the benefits provided under subsections (e) to (h), inclusive, of this section until the completion of the brownfield remediation and the participant's notification of such completion to the Commissioners of Revenue Services and Economic and Community Development and the municipality in which such brownfield is located.
(e) (1) If a 7/7 participant is subject to the tax imposed under chapter 208 of the general statutes, the Commissioner of Revenue Services shall grant a credit against any tax due under the provisions of said chapter in an amount equal to the total amount of tax due under said chapter for the income year that is attributable to the operations of such participant's business located on the 7/7 site after the deduction of any other credits allowable under said chapter. The credit allowed by this subdivision shall be available in the first income year in which such participant begins business operations at such site and the succeeding six income years.
(2) If a 7/7 participant is subject to the tax imposed under chapter 229 of the general statutes, the Commissioner of Revenue Services shall grant a credit to each member, shareholder or partner of such participant against any tax due under the provisions of said chapter, other than the liability imposed by section 12-707 of the general statutes, in an amount equal to such member's, shareholder's or partner's amount of tax due under said chapter for the taxable year that is attributable to the operations of such participant's business located on the 7/7 site after the deduction of any other credits allowable under said chapter. The credit allowed by this subdivision shall be available in the first taxable year in which such participant begins business operations at such site and the succeeding six taxable years.
(f) (1) The taxes imposed by chapter 219 of the general statutes shall not apply to any item purchased by a 7/7 participant in the first seven calendar years from the date such participant initiates business operations at a 7/7 site, provided such item is purchased for use in the ordinary course of business at such site.
(2) At the time of sale, a 7/7 participant shall present to the person who makes the sale a certificate to the effect that the item is subject to such exemption. The certificate shall be signed by and bear the name and address of the purchaser. The certificate shall be substantially in such form as the Commissioner of Revenue Services prescribes.
(3) If a purchaser who presents a certificate, in accordance with subdivision (2) of this subsection, makes any use of the item other than the purpose set forth in subdivision (1) of this subsection, the use shall be deemed to be a use by the purchaser in accordance with chapter 219 of the general statutes, as of the time the property is first used by him or her, and the item shall be taxable to such purchaser in accordance with said chapter.
(g) (1) In the case of a 7/7 participant subject to the tax imposed under chapter 208 of the general statutes, in arriving at net income, as defined in section 12-213 of the general statutes, in the eighth income year following such 7/7 participant's initiation of business operations at a 7/7 site that was a brownfield and the six succeeding income years, there shall be deducted from gross income, as defined in section 12-213 of the general statutes, an amount not to exceed eight and fifty-seven-one-hundredths per cent of the qualified expenditures associated with the remediation of such site.
(2) In the case of a 7/7 participant subject to the tax imposed under chapter 229 of the general statutes, in the eighth income year following such 7/7 participant's initiation of business operations at a 7/7 site that was a brownfield and the six succeeding income years, there shall be subtracted from Connecticut adjusted gross income, as defined in section 12-701 of the general statutes, an amount not to exceed eight and fifty-seven-one-hundredths per cent of the qualified expenditures associated with the remediation of such site.
(h) Notwithstanding any provision of the general statutes or of any special act, municipal charter or home rule ordinance, for five assessment years following the date a 7/7 participant obtained a building permit to begin construction at a 7/7 site, the municipality in which such site is located shall continue to use the assessed value of such site as of the date such participant's application was approved under subsection (c) of this section.
(i) The Commissioner of Economic and Community Development, in consultation with the Commissioner of Revenue Services, shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.
Sec. 169. Subdivision (1) of subsection (a) of section 12-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to income years commencing on or after January 1, 2017):
(a) (1) In arriving at net income as defined in section 12-213, whether or not the taxpayer is taxable under the federal corporation net income tax, there shall be deducted from gross income, (A) all items deductible under the Internal Revenue Code effective and in force on the last day of the income year except (i) any taxes imposed under the provisions of this chapter which are paid or accrued in the income year and in the income year commencing January 1, 1989, and thereafter, any taxes in any state of the United States or any political subdivision of such state, or the District of Columbia, imposed on or measured by the income or profits of a corporation which are paid or accrued in the income year, (ii) deductions for depreciation, which shall be allowed as provided in subsection (b) of this section, (iii) deductions for qualified domestic production activities income, as provided in Section 199 of the Internal Revenue Code, and (iv) in the case of any captive real estate investment trust, the deduction for dividends paid provided under Section 857(b)(2) of the Internal Revenue Code, and (B) additionally, in the case of a regulated investment company, the sum of (i) the exempt-interest dividends, as defined in the Internal Revenue Code, and (ii) expenses, bond premium, and interest related to tax-exempt income that are disallowed as deductions under the Internal Revenue Code, and (C) in the case of a taxpayer maintaining an international banking facility as defined in the laws of the United States or the regulations of the Board of Governors of the Federal Reserve System, as either may be amended from time to time, the gross income attributable to the international banking facility, provided, no expense or loss attributable to the international banking facility shall be a deduction under any provision of this section, and (D) additionally, in the case of all taxpayers, all dividends as defined in the Internal Revenue Code effective and in force on the last day of the income year not otherwise deducted from gross income, including dividends received from a DISC or former DISC as defined in Section 992 of the Internal Revenue Code and dividends deemed to have been distributed by a DISC or former DISC as provided in Section 995 of said Internal Revenue Code, other than thirty per cent of dividends received from a domestic corporation in which the taxpayer owns less than twenty per cent of the total voting power and value of the stock of such corporation, and (E) additionally, in the case of all taxpayers, the value of any capital gain realized from the sale of any land, or interest in land, to the state, any political subdivision of the state, or to any nonprofit land conservation organization where such land is to be permanently preserved as protected open space or to a water company, as defined in section 25-32a, where such land is to be permanently preserved as protected open space or as Class I or Class II water company land, and (F) in the case of manufacturers, the amount of any contribution to a manufacturing reinvestment account established pursuant to section 32-9zz in the income year that such contribution is made to the extent not deductible for federal income tax purposes, and (G) additionally, to the extent allowable under subsection (g) of section 168 of this act, the amount paid by a 7/7 participant, as defined in section 168 of this act, for the remediation of a brownfield.
Sec. 170. Section 10-17g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
For the fiscal years ending June 30, 2016, [and] to June 30, [2017] 2019, inclusive, the board of education for each local and regional school district that is required to provide a program of bilingual education, pursuant to section 10-17f, may make application to the State Board of Education and shall annually receive, within available appropriations, a grant in an amount equal to the product obtained by multiplying one million nine hundred sixteen thousand one hundred thirty by the ratio which the number of eligible children in the school district bears to the total number of such eligible children state-wide. The board of education for each local and regional school district receiving funds pursuant to this section shall annually, on or before September first, submit to the State Board of Education a progress report which shall include (1) measures of increased educational opportunities for eligible students, including language support services and language transition support services provided to such students, (2) program evaluation and measures of the effectiveness of its bilingual education and English as a second language programs, including data on students in bilingual education programs and students educated exclusively in English as a second language programs, and (3) certification by the board of education submitting the report that any funds received pursuant to this section have been used for the purposes specified. The State Board of Education shall annually evaluate programs conducted pursuant to section 10-17f. For purposes of this section, measures of the effectiveness of bilingual education and English as a second language programs include, but need not be limited to, mastery examination results, under section 10-14n, and graduation and school dropout rates. Any amount appropriated under this section in excess of one million nine hundred sixteen thousand one hundred thirty dollars shall be spent in accordance with the provisions of sections 10-17k, 10-17n and 10-66t. Any unexpended funds, as of November first, appropriated to the Department of Education for purposes of providing a grant to a local or regional board of education for the provision of a program of bilingual education, pursuant to section 10-17f, shall be distributed on a pro rata basis to each local and regional board of education receiving a grant under this section. Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2009, to June 30, [2017] 2019, inclusive, the amount of grants payable to local or regional boards of education for the provision of a program of bilingual education under this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.
Sec. 171. Subsection (a) of section 10-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Each local or regional board of education or regional educational service center which has submitted an adult education proposal to the State Board of Education pursuant to section 10-71a shall, annually, be eligible to receive, within available appropriations, a state grant based on a percentage of eligible costs for adult education as defined in section 10-67, provided such percentage shall be determined as follows:
(1) The percentage of the eligible costs for adult education a local board of education shall receive, under the provisions of this section, shall be determined as follows: (A) Each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; and (B) based upon such ranking, a percentage of not less than zero or more than sixty-five shall be determined for each town on a continuous scale, except that the percentage for a priority school district pursuant to section 10-266p shall not be less than twenty. Any such percentage shall be increased by seven and one-half percentage points but shall not exceed sixty-five per cent for any local board of education which provides basic adult education programs for adults at facilities operated by or within the general administrative control and supervision of the Department of Mental Health and Addiction Services, provided such adults reside at such facilities.
(2) The percentage of the eligible costs for adult education a regional board of education shall receive under the provisions of this section shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, of each town in the district by such town's ranking, as determined in subdivision (1) of this subsection, (B) adding together the figures for each town determined under (A), and (C) dividing the total computed under (B) by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number and each such board shall receive the same reimbursement percentage as would a town with the same rank, except that the reimbursement percentage for a priority school district pursuant to section 10-266p shall not be less than twenty.
(3) The percentage of the eligible costs for adult education a regional educational service center shall receive under the provisions of this subsection and section 10-66i shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, of each member town in the regional educational service center by such town's ranking, as determined in subdivision (1) of this subsection, (B) adding together the figures for each town determined under (A), and (C) dividing the total computed under (B) by the total population of all member towns in the regional educational service center. The ranking of each regional educational service center shall be rounded to the next higher whole number and each such center shall receive the same reimbursement percentage as would a town with the same rank.
Sec. 172. Subsection (b) of section 10-76g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Any local or regional board of education which provides special education pursuant to the provisions of sections 10-76a to 10-76g, inclusive, for any exceptional child described in subparagraph (A) of subdivision (5) of section 10-76a, under its jurisdiction, excluding (1) children placed by a state agency for whom a board of education receives payment pursuant to the provisions of subdivision (2) of subsection (e) of section 10-76d, and (2) children who require special education, who reside on state-owned or leased property, and who are not the educational responsibility of the unified school districts established pursuant to sections 17a-37 and 18-99a, shall be financially responsible for the reasonable costs of special education instruction, as defined in the regulations of the State Board of Education, in an amount equal to (A) for any fiscal year commencing prior to July 1, 2005, five times the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f, and (B) for the fiscal year commencing July 1, 2005, and each fiscal year thereafter, four and one-half times such average per pupil educational costs of such board of education. The State Board of Education shall, within available appropriations, pay on a current basis any costs in excess of the local or regional board's basic contribution paid by such board in accordance with the provisions of this subsection. Any amounts paid by the State Board of Education on a current basis pursuant to this subsection shall not be reimbursable in the subsequent year. Application for such grant shall be made by filing with the Department of Education, in such manner as prescribed by the commissioner, annually on or before December first a statement of the cost of providing special education pursuant to this subsection, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such excess costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May. The amount due each town pursuant to the provisions of this subsection shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant, or a portion of the grant, which relates to special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. Such expenditure account shall be so credited no later than thirty days after receipt by the treasurer of necessary documentation from the board of education indicating the amount of such special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures.
Sec. 173. Subsection (a) of section 10-215b of the general statutes, as amended by section 72 of public act 17-237, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The State Board of Education is authorized to expend in each fiscal year, within available appropriations, an amount equal to (1) the money required pursuant to the matching requirements of said federal laws and shall disburse the same in accordance with said laws, and (2) ten cents per lunch served in the prior school year in accordance with said laws by any local or regional board of education, the Technical Education and Career System or governing authority of a state charter school, interdistrict magnet school or endowed academy approved pursuant to section 10-34 that participates in the National School Lunch Program and certifies pursuant to section 10-215f, as amended by [this act] public act 17-237, that the nutrition standards established by the Department of Education pursuant to section 10-215e shall be met.
Sec. 174. Subsection (c) of section 19a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) The commissioner, within available appropriations, shall require each prospective employee of a child care center or group child care home in a position requiring the provision of care to a child to submit to comprehensive background checks, including state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. The Department of Social Services may agree to transfer funds appropriated for criminal history records checks to the Office of Early Childhood. The Commissioner of Early Childhood shall notify each licensee of the provisions of this subsection. No such prospective employee shall have unsupervised access to children in the child care center or group child care home until such comprehensive background check is completed and the Commissioner of Early Childhood permits such prospective employee to work in such child care center or group child care home.
Sec. 175. Subsection (c) of section 19a-87b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) The commissioner, within available appropriations, shall require each initial applicant or prospective employee of a family child care home in a position requiring the provision of care to a child, including an assistant or substitute staff member and each household member who is sixteen years of age or older, to submit to comprehensive background checks, including state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. The commissioner shall notify each licensee of the provisions of this subsection. For purposes of this subsection, "household member" means any person, other than the person who is licensed to conduct, operate or maintain a family child care home, who resides in the family child care home, such as the licensee's spouse or children, tenants and any other occupant.
Sec. 176. Subsection (a) of section 17b-749k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Early Childhood shall, within available appropriations, require any person [, other than a relative,] providing child care services to a child [in the child's home] who receives a child care subsidy from the Office of Early Childhood to submit to comprehensive background checks, including state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k.
Sec. 177. (NEW) (Effective from passage) The comprehensive background checks required pursuant to subsection (c) of section 19a-80 of the general statutes, subsection (c) of section 19a-87b of the general statutes, and subsection (a) of section 17b-749k of the general statutes, shall be conducted at least once every five years. Any person who applies for a position at a child care facility in the state shall not be required to submit to such comprehensive background checks if such person (1) is an employee of a child care facility in the state, or was previously an employee of a child care facility in the state during the previous one hundred eighty days, and (2) has successfully completed such comprehensive background checks in the previous five years. Nothing in this section prohibits the Commissioner of Early Childhood from requiring that an employee or prospective employee of a child care facility to submit to comprehensive background checks more than once during a five-year period. For purposes of this section, "child care facility" means a child care center, group child care home or family child care home that provides "child care services", as described in section 19a-77 of the general statutes, and the home of a family child care provider, as defined in section 17b-705 of the general statutes.
Sec. 178. Section 4b-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Administrative Services may establish policies and procedures for the maintenance of order on, and the use of, parking areas on any property owned by the state or under the supervision of said commissioner, except as provided in sections 2-71h, 10a-79, 10a-92 and 10a-139 and except for properties under the supervision, care and control of the Chief Court Administrator. The Commissioner of Administrative Services may designate the commissioner of any other agency, as defined in section 4-166, to establish policies and procedures for the maintenance of order on, and the use of, parking areas on any property under the supervision of such commissioner. Any person violating any [such] policy or procedure adopted pursuant to this subsection shall be fined not more than seventy-five dollars and the vehicle in violation of such policy or procedure may be towed, provided there is conspicuous signage giving notice of such towing and indicating where the vehicle will be stored, how the vehicle may be redeemed and any costs or fees that may be charged. [The enforcement of any such policy or procedure shall be by special policemen appointed under section 29-18 and by Department of Administrative Services buildings and grounds patrol officers, except that only such special policemen may tow, or cause the towing of, such vehicles.] The commissioner or the commissioner's designee, including, but not limited to, a third-party contractor retained by the commissioner, may issue a citation to, or tow the vehicle of, any person violating the policies or procedures established pursuant to this subsection.
(b) The Chief Court Administrator may establish policies and procedures for the maintenance of order and the use of parking areas on any property under the supervision, care and control of the Chief Court Administrator. Such policies and procedures may provide that any vehicle parked on such property in violation of such policies and procedures shall be towed.
(c) Each state agency shall develop a program to encourage its employees to use mass transportation. Such program shall address the feasibility of restricting the amount of free parking by at least ten per cent for those state employees who work in urban areas and for providing such employees with subsidies to ride mass transportation. Each state agency shall submit its program to the Department of Administrative Services. For the purposes of this subsection, "state agency" means each state department, office or other agency of the state; and "urban area" means any town or city having a population of seventy-five thousand or more or any town or city in which one hundred or more state employees are employed at the same site. The Secretary of the Office of Policy and Management, in consultation with the Commissioner of Administrative Services, shall adopt regulations, in accordance with the provisions of chapter 54, after receipt of and pursuant to each state agency's plan to determine the amount and process by which a state employee may obtain a subsidy.
Sec. 179. (Effective from passage) Not later than February 1, 2018, the Secretary of the Office of Policy and Management and the Department of Administrative Services shall jointly develop and submit, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to labor and public employees and appropriations, a report containing recommendations to reduce workers' compensation costs. Such report shall include: (1) Methods to better manage contracts with third-party administrators, (2) guidelines for third-party administrators to utilize when informing employees about available benefits and programs, (3) plans for increased light duty work options, (4) recommendations for legislation as may be necessary or appropriate, and (5) any other recommendations to implement the provisions of this section.
Sec. 180. (Effective from passage) (a) There is established a Connecticut Pension Sustainability Commission to study the feasibility of placing state capital assets in a trust and maximizing those assets for the sole benefit of the state pension system. Such commission shall (1) perform a preliminary inventory of state capital assets for the purpose of determining the extent and suitability of those assets for inclusion in such a trust; (2) study the potential impact that the inclusion and maximization of such state capital assets in such a trust may have on the unfunded liability of the state pension system; (3) make recommendations on the appropriateness of placing state assets in a trust and maximizing those assets for the sole benefit of the state pension system; (4) examine the state facility plan prepared pursuant to section 4b-23 of the general statutes and the inventories of state real property submitted pursuant to section 4-67g of the general statutes; and (5) if found to be appropriate by the members of the commission, make recommendations for any legislative or administrative action necessary for establishing a process to (A) create and manage such a trust, and (B) identify specific state capital assets for inclusion in such a trust.
(b) The commission established under subsection (a) of this section shall not be construed to be a board or commission within the meaning of section 4-9a of the general statutes.
(c) The commission shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives;
(2) One appointed by the president pro tempore of the Senate;
(3) One appointed by the majority leader of the House of Representatives, who shall have experience in banking and private sector financial management;
(4) One appointed by the majority leader of the Senate, who shall represent a state employee collective bargaining unit that benefits from the state pension system;
(5) One appointed by the minority leader of the House of Representatives;
(6) One appointed by the Senate Republican president pro tempore;
(7) One appointed by the deputy Senate Republican president pro tempore, who shall have expertise in private sector real estate development;
(8) One appointed by the Governor;
(9) The Commissioner of Administrative Services, or the commissioner's designee;
(10) The Secretary of the Office of Policy and Management, or the secretary's designee;
(11) The Attorney General, or the Attorney General's designee;
(12) The State Comptroller, or the State Comptroller's designee; and
(13) The State Treasurer, or the State Treasurer's designee.
(d) Any member of the commission appointed under subdivision (1), (2), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.
(e) All appointments to the commission shall be made not later than twenty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(f) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the commission from among the members of the commission. Such chairpersons shall schedule the first meeting of the commission, which shall be held not later than forty days after the effective date of this section.
(g) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding shall serve as administrative staff of the commission.
(h) Not later than January 1, 2019, the commission shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding, in accordance with the provisions of section 11-4a of the general statutes. The commission shall terminate on the date that it submits such report or January 1, 2019, whichever is later.
Sec. 181. Section 19a-486i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) As used in this section:
(1) "Affiliation" means the formation of a relationship between two or more entities that permits the entities to negotiate jointly with third parties over rates for professional medical services;
(2) "Captive professional entity" means a partnership, professional corporation, limited liability company or other entity formed to render professional services in which a partner, a member, a shareholder or a beneficial owner is a physician, directly or indirectly, employed by, controlled by, subject to the direction of, or otherwise designated by (A) a hospital, (B) a hospital system, (C) a medical school, (D) a medical foundation, organized pursuant to subsection (a) of section 33-182bb, or (E) any entity that controls, is controlled by or is under common control with, whether through ownership, governance, contract or otherwise, another person, entity or organization described in subparagraphs (A) to (D), inclusive, of this subdivision;
(3) "Hospital" has the same meaning as provided in section [19a-490] 19a-646;
(4) "Hospital system" means: (A) A parent corporation of one or more hospitals and any entity affiliated with such parent corporation through ownership, governance or membership; [,] or (B) a hospital and any entity affiliated with such hospital through ownership, governance or membership;
(5) "Health care provider" has the same meaning as provided in section 19a-17b;
(6) "Medical foundation" means a medical foundation formed under chapter 594b;
(7) "Physician" has the same meaning as provided in section 20-13a;
(8) "Person" has the same meaning as provided in section 35-25;
(9) "Professional corporation" has the same meaning as provided in section 33-182a;
(10) "Group practice" means two or more physicians, legally organized in a partnership, professional corporation, limited liability company formed to render professional services, medical foundation, not-for-profit corporation, faculty practice plan or other similar entity (A) in which each physician who is a member of the group provides substantially the full range of services that the physician routinely provides, including, but not limited to, medical care, consultation, diagnosis or treatment, through the joint use of shared office space, facilities, equipment or personnel; (B) for which substantially all of the services of the physicians who are members of the group are provided through the group and are billed in the name of the group practice and amounts so received are treated as receipts of the group; or (C) in which the overhead expenses of, and the income from, the group are distributed in accordance with methods previously determined by members of the group. An entity that otherwise meets the definition of group practice under this section shall be considered a group practice although its shareholders, partners or owners of the group practice include single-physician professional corporations, limited liability companies formed to render professional services or other entities in which beneficial owners are individual physicians; and
(11) "Primary service area" means the smallest number of zip codes from which the group practice draws at least seventy-five per cent of its patients.
(b) At the same time that any person conducting business in this state that files merger, acquisition or any other information regarding market concentration with the Federal Trade Commission or the United States Department of Justice, in compliance with the Hart-Scott-Rodino Antitrust Improvements Act, 15 USC 18a, where a hospital, hospital system or other health care provider is a party to the merger or acquisition that is the subject of such information, such person shall provide written notification to the Attorney General of such filing and, upon the request of the Attorney General, provide a copy of such merger, acquisition or other information.
(c) Not less than thirty days prior to the effective date of any transaction that results in a material change to the business or corporate structure of a group practice, the parties to the transaction shall submit written notice to the Attorney General of such material change. For purposes of this subsection, a material change to the business or corporate structure of a group practice includes: (1) The merger, consolidation or other affiliation of a group practice with (A) another group practice that results in a group practice comprised of eight or more physicians, or (B) a hospital, hospital system, captive professional entity, medical foundation or other entity organized or controlled by such hospital or hospital system; (2) the acquisition of all or substantially all of (A) the properties and assets of a group practice, or (B) the capital stock, membership interests or other equity interests of a group practice by (i) another group practice that results in a group practice comprised of eight or more physicians, or (ii) a hospital, hospital system, captive professional entity, medical foundation or other entity organized or controlled by such hospital or hospital system; (3) the employment of all or substantially all of the physicians of a group practice by (A) another group practice that results in a group practice comprised of eight or more physicians, or (B) a hospital, hospital system, captive professional entity, medical foundation or other entity organized by, controlled by or otherwise affiliated with such hospital or hospital system; and (4) the acquisition of one or more insolvent group practices by (A) another group practice that results in a group practice comprised of eight or more physicians, or (B) a hospital, hospital system, captive professional entity, medical foundation or other entity organized by, controlled by or otherwise affiliated with such hospital or hospital system.
(d) (1) The written notice required under subsection (c) of this section shall identify each party to the transaction and describe the material change as of the date of such notice to the business or corporate structure of the group practice, including: (A) A description of the nature of the proposed relationship among the parties to the proposed transaction; (B) the names and specialties of each physician that is a member of the group practice that is the subject of the proposed transaction and who will practice medicine with the resulting group practice, hospital, hospital system, captive professional entity, medical foundation or other entity organized by, controlled by, or otherwise affiliated with such hospital or hospital system following the effective date of the transaction; (C) the names of the business entities that are to provide services following the effective date of the transaction; (D) the address for each location where such services are to be provided; (E) a description of the services to be provided at each such location; and (F) the primary service area to be served by each such location.
(2) Not later than thirty days after the effective date of any transaction described in subsection (c) of this section, the parties to the transaction shall submit written notice to the Commissioner of Public Health. Such written notice shall include, but need not be limited to, the same information described in subdivision (1) of this subsection. The commissioner shall post a link to such notice on the Department of Public Health's Internet web site.
(e) Not less than thirty days prior to the effective date of any transaction that results in an affiliation between one hospital or hospital system and another hospital or hospital system, the parties to the affiliation shall submit written notice to the Attorney General of such affiliation. Such written notice shall identify each party to the affiliation and describe the affiliation as of the date of such notice, including: (1) A description of the nature of the proposed relationship among the parties to the affiliation; (2) the names of the business entities that are to provide services following the effective date of the affiliation; (3) the address for each location where such services are to be provided; (4) a description of the services to be provided at each such location; and (5) the primary service area to be served by each such location.
(f) Written information submitted to the Attorney General pursuant to subsections (b) to (e), inclusive, of this section shall be maintained and used by the Attorney General in the same manner as provided in section 35-42.
(g) Not later than [December 31, 2014] January 15, 2018, and annually thereafter, each hospital and hospital system shall file with the Attorney General and the Commissioner of Public Health a written report describing the activities of the group practices owned or affiliated with such hospital or hospital system. Such report shall include, for each such group practice: (1) A description of the nature of the relationship between the hospital or hospital system and the group practice; (2) the names and specialties of each physician practicing medicine with the group practice; (3) the names of the business entities that provide services as part of the group practice and the address for each location where such services are provided; (4) a description of the services provided at each such location; and (5) the primary service area served by each such location.
(h) Not later than [December 31, 2014] January 15, 2018, and annually thereafter, each group practice comprised of thirty or more physicians that is not the subject of a report filed under subsection (g) of this section shall file with the Attorney General and the Commissioner of Public Health a written report concerning the group practice. Such report shall include, for each such group practice: (1) The names and specialties of each physician practicing medicine with the group practice; (2) the names of the business entities that provide services as part of the group practice and the address for each location where such services are provided; (3) a description of the services provided at each such location; and (4) the primary service area served by each such location.
(i) Not later than [December 31, 2015] January 15, 2018, and annually thereafter, each hospital and hospital system shall file with the Attorney General and the Commissioner of Public Health a written report describing each affiliation with another hospital or hospital system. Such report shall include: (1) The name and address of each party to the affiliation; (2) a description of the nature of the relationship among the parties to the affiliation; (3) the names of the business entities that provide services as part of the affiliation and the address for each location where such services are provided; (4) a description of the services provided at each such location; and (5) the primary service area served by each such location.
Sec. 182. Subsections (a) to (c), inclusive, of section 17b-352 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For the purposes of this section and section 17b-353, "facility" means a residential facility for persons with intellectual disability licensed pursuant to section 17a-277 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for individuals with intellectual disabilities, a nursing home, rest home or residential care home, as defined in section 19a-490. "Facility" does not include a nursing home that does not participate in the Medicaid program and is associated with a continuing care facility as described in section 17b-520.
(b) Any facility which intends to (1) transfer all or part of its ownership or control prior to being initially licensed; (2) introduce any additional function or service into its program of care or expand an existing function or service; [or] (3) terminate a service or decrease substantially its total bed capacity; or (4) relocate all or a portion of such facility's licensed beds, to a new facility or replacement facility, shall submit a complete request for permission to implement such transfer, addition, expansion, increase, termination, [or] decrease or relocation of facility beds with such information as the department requires to the Department of Social Services, provided no permission or request for permission to close a facility is required when a facility in receivership is closed by order of the Superior Court pursuant to section 19a-545. The Office of the Long-Term Care Ombudsman pursuant to section 17a-405 shall be notified by the facility of any proposed actions pursuant to this subsection at the same time the request for permission is submitted to the department and when a facility in receivership is closed by order of the Superior Court pursuant to section 19a-545.
(c) An applicant, prior to submitting a certificate of need application, shall request, in writing, application forms and instructions from the department. The request shall include: (1) The name of the applicant or applicants; (2) a statement indicating whether the application is for (A) a new, additional, expanded or replacement facility, service or function or relocation of facility beds, (B) a termination or reduction in a presently authorized service or bed capacity, or (C) any new, additional or terminated beds and their type; (3) the estimated capital cost; (4) the town where the project is or will be located; and (5) a brief description of the proposed project. Such request shall be deemed a letter of intent. No certificate of need application shall be considered submitted to the department unless a current letter of intent, specific to the proposal and in accordance with the provisions of this subsection, has been on file with the department for not less than ten business days. For purposes of this subsection, "a current letter of intent" means a letter of intent on file with the department for not more than one hundred eighty days. A certificate of need application shall be deemed withdrawn by the department, if a department completeness letter is not responded to within one hundred eighty days. The Office of the Long-Term Care Ombudsman shall be notified by the facility at the same time as the letter of intent is submitted to the department.
Sec. 183. Section 17b-353 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any facility, as defined in subsection (a) of section 17b-352, which proposes [(1) a capital expenditure] to incur (1) capital expenditures exceeding one million dollars, which increases facility square footage by more than five thousand square feet or five per cent of the existing square footage, whichever is greater, [(2) a capital expenditure] or (2) capital expenditures exceeding two million dollars, [or (3) the acquisition of major medical equipment requiring a capital expenditure in excess of four hundred thousand dollars, including the leasing of equipment or space,] shall submit a request for approval of such expenditure, with such information as the department requires, to the Department of Social Services. [Any such facility which proposes to acquire imaging equipment requiring a capital expenditure in excess of four hundred thousand dollars, including the leasing of such equipment, shall obtain the approval of the Office of Health Care Access division of the Department of Public Health in accordance with the provisions of chapter 368z, subsequent to obtaining the approval of the Commissioner of Social Services. Prior to the facility's obtaining the imaging equipment, the Commissioner of Public Health, after consultation with the Commissioner of Social Services, may elect to perform a joint or simultaneous review with the Department of Social Services.]
(b) An applicant, prior to submitting a certificate of need application, shall request, in writing, application forms and instructions from the department. The request shall include: (1) The name of the applicant or applicants; (2) a statement indicating whether the application is for (A) a new, additional, expanded or replacement facility, service or function, (B) a termination or reduction in a presently authorized service or bed capacity or relocation of facility beds, or (C) any new, additional or terminated beds and their type; (3) the estimated capital cost; (4) the town where the project is or will be located; and (5) a brief description of the proposed project. Such request shall be deemed a letter of intent. No certificate of need application shall be considered submitted to the department unless a current letter of intent, specific to the proposal and in accordance with the provisions of this subsection, has been on file with the department for not less than ten business days. For purposes of this subsection, "a current letter of intent" means a letter of intent on file with the department for not more than one hundred eighty days. A certificate of need application shall be deemed withdrawn by the department if a department completeness letter is not responded to within one hundred eighty days.
(c) In conducting its activities pursuant to this section, section 17b-352 or both, except as provided for in subsection (d) of this section, the Commissioner of Social Services or said commissioner's designee may hold a public hearing on an application or on more than one application, if such applications are of a similar nature with respect to the request. At least two weeks' notice of the hearing shall be given to the facility by certified mail and to the public by publication in a newspaper having a substantial circulation in the area served by the facility. Such hearing shall be held at the discretion of the commissioner in Hartford or in the area so served. The commissioner or the commissioner's designee shall consider such request in relation to the community or regional need for such capital program or purchase of land, the possible effect on the operating costs of the facility and such other relevant factors as the commissioner or the commissioner's designee deems necessary. In approving or modifying such request, the commissioner or the commissioner's designee may not prescribe any condition, such as, but not limited to, any condition or limitation on the indebtedness of the facility in connection with a bond issued, the principal amount of any bond issued or any other details or particulars related to the financing of such capital expenditure, not directly related to the scope of such capital program and within the control of the facility. If the hearing is conducted by a designee of the commissioner, the designee shall submit any findings and recommendations to the commissioner. The commissioner shall grant, modify or deny such request within ninety days, except as provided for in this section. Upon the request of the applicant, the review period may be extended for an additional fifteen days if the commissioner or the commissioner's designee has requested additional information subsequent to the commencement of the review period. The commissioner or the commissioner's designee may extend the review period for a maximum of thirty days if the applicant has not filed in a timely manner information deemed necessary by the commissioner or the commissioner's designee.
(d) [No] Except as provided in this subsection, no facility shall be allowed to close or decrease substantially its total bed capacity until such time as a public hearing has been held in accordance with the provisions of this subsection and the Commissioner of Social Services has approved the facility's request unless such decrease is associated with a census reduction. The commissioner may impose a civil penalty of not more than five thousand dollars on any facility that fails to comply with the provisions of this subsection. Penalty payments received by the commissioner pursuant to this subsection shall be deposited in the special fund established by the department pursuant to subsection (c) of section 17b-357 and used for the purposes specified in said subsection (c). The commissioner or the commissioner's designee shall hold a public hearing upon the earliest occurrence of: (1) Receipt of any letter of intent submitted by a facility to the department, or (2) receipt of any certificate of need application. Such hearing shall be held at the facility for which the letter of intent or certificate of need application was submitted not later than thirty days after the date on which such letter or application was received by the commissioner. The commissioner or the commissioner's designee shall provide both the facility and the public with notice of the date of the hearing not less than fourteen days in advance of such date. Notice to the facility shall be by certified mail and notice to the public shall be by publication in a newspaper having a substantial circulation in the area served by the facility. The provisions of this subsection shall not apply to any certificate of need approval requested for the relocation of a facility, or a portion of a facility's licensed beds, to a new or replacement facility.
(e) The Commissioner of Social Services shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section. The commissioner shall implement the standards and procedures of the Office of Health Care Access division of the Department of Public Health concerning certificates of need established pursuant to section 19a-643, as appropriate for the purposes of this section, until the time final regulations are adopted in accordance with said chapter 54.
Sec. 184. Section 17b-354 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Department of Social Services shall not accept or approve any requests for additional nursing home beds, except (1) beds restricted to use by patients with acquired immune deficiency syndrome or by patients requiring neurological rehabilitation; (2) beds associated with a continuing care facility, [which guarantees life care for its residents] as described in section 17b-520, provided such beds are not used in the Medicaid program and the ratio of proposed nursing home beds to the continuing care facility's independent living units is within applicable industry standards. For the purpose of this subsection, beds associated with a continuing care facility are not subject to the certificate of need provisions pursuant to sections 17b-352 and 17b-353; (3) Medicaid certified beds to be relocated from one licensed nursing facility to another licensed nursing facility to meet a priority need identified in the strategic plan developed pursuant to subsection (c) of section 17b-369; and (4) [Medicaid beds to be relocated from a licensed facility or facilities to a new licensed facility, provided at least one currently licensed facility is closed in the transaction, and the new facility bed total is not less than ten per cent lower than the total number of beds relocated. The] licensed Medicaid nursing facility beds to be relocated from one or more existing nursing facilities to a new nursing facility, provided (A) no new Medicaid certified beds are added, (B) at least one currently licensed facility is closed in the transaction as a result of the relocation, (C) the relocation is done within available appropriations, (D) the facility participates in the Money Follows the Person demonstration project pursuant to section 17b-369, (E) the availability of beds in the area of need will not be adversely affected, (F) the certificate of need approval for such new facility or facility relocation and the associated capital expenditures are obtained pursuant to sections 17b-352 and 17b-353, and (G) the facilities included in the bed relocation and closure shall be in accordance with the strategic plan developed pursuant to subsection (c) of section 17b-369. [, provided (A) the availability of beds in an area of need will not be adversely affected; and (B) no such relocation shall result in an increase in state expenditures.
(b) For the purposes of subsection (a) of this section, "a continuing care facility which guarantees life care for its residents" means: (1) A facility which does not participate in the Medicaid program; (2) a facility which establishes its financial stability by submitting to the commissioner documentation which (A) demonstrates in financial statements compiled by certified public accountants that the facility and its direct or indirect owners have (i) on the date of the certificate of need application and for five years preceding such date, net assets or reserves equal to or greater than the projected operating revenues for the facility in its first two years of operation or (ii) assets or other indications of financial stability determined by the commissioner to be sufficient to provide for the financial stability of the facility based on its proposed financial structure and operations, (B) demonstrates in financial statements compiled by certified public accountants that the facility, on the date of the certificate of need application, has a projected debt coverage ratio at ninety-five per cent occupancy of at least one and twenty-five one-hundredths, (C) details the financial operation and projected cash flow of the facility on the date of the certificate of need application, to be updated every five years thereafter, and demonstrates that fees payable by residents and the assets, income and insurance coverage of residents, in combination with other sources of facility funding, are sufficient to provide for the expenses of life care services for the life of the residents to be made available within a continuum of care which shall include the provision of health services in the independent living units, and (D) provides that any transfer of ownership of the facility to take place within a five-year period from the date of approval of its certificate of need shall be subject to the approval of the Commissioner of Social Services in accordance with the provisions of section 17b-355; (3) a facility which establishes to the satisfaction of the commissioner that it can provide for the expenses of the continuum of care to be made available to residents by complying with the provisions of chapter 319f and demonstrating sufficient assets, income, financial reserves or long-term care insurance to provide for such expenses and maintain financially viable operation of the facility for a thirty-year period based on generally accepted accounting practices and actuarial principles, which demonstration (A) may include making available to prospective residents long-term care insurance policies which are substantially equivalent in value and coverage to policies precertified pursuant to section 38a-475, (B) shall include establishing eligibility criteria and screening each resident prior to admission and annually thereafter to ensure that his assets, income and insurance coverage are sufficient in combination with other sources of facility funding to cover such expenses, (C) shall include entering into contracts with residents concerning monthly or other periodic fees payable by residents for services provided, and (D) allowing residents whose expenses are not covered by insurance to pledge or transfer income, assets or proceeds from the sale of assets in amounts sufficient to cover such expenses; (4) a facility which demonstrates it will establish a contingency fund, prior to becoming operational, in an initial amount of five hundred thousand dollars which shall be increased in equal annual increments to at least one million dollars by the start of the facility's sixth year of operation and which shall be replenished within twelve months of any expenditure, provided the amount to be replenished shall not exceed two hundred fifty thousand dollars annually until one million dollars is reached, to provide for the expenses of the continuum of care to be made available to residents which may not be covered by residents' assets, income or insurance, provided the commissioner may approve the establishment of a contingency fund in a lesser amount upon the application of a facility for which a lesser amount is appropriate based on the size of the facility; and (5) a facility which is operated by management with demonstrated experience and ability in the operation of similar facilities. Notwithstanding the provisions of this subsection, a facility may be deemed a continuing care facility which guarantees life care for its residents if (A) the facility meets the criteria set forth in subdivisions (2) to (5), inclusive, of this subsection, was Medicaid certified prior to October 1, 1993, and has been deemed qualified to enter into a continuing care contract under chapter 319hh for at least two consecutive years prior to filing its certificate of need application under this section, provided (i) no additional bed approved pursuant to this section shall be Medicaid certified; (ii) no patient in such a bed shall be involuntarily transferred to another bed due to his eligibility for Medicaid and (iii) the facility shall pay the cost of care for a patient in such a bed who is Medicaid eligible and does not wish to be transferred to another bed or (B) the facility is operated exclusively by and for a religious order which is committed to the care and well-being of its members for the duration of their lives and whose members are bound thereto by the profession of permanent vows. On and after July 1, 1997, the Department of Social Services shall give priority to a request for modification of a certificate of need from a continuing care facility which guarantees life care for its residents pursuant to the provisions of this subsection.]
[(c)] (b) For the purposes of this section and sections 17b-352 and 17b-353, construction shall be deemed to have begun if the following have occurred and the department has been so notified in writing within the thirty days prior to the date by which construction is to begin: (1) All necessary town, state and federal approvals required to begin construction have been obtained, including all zoning and wetlands approvals; (2) all necessary town and state permits required to begin construction or site work have been obtained; (3) financing approval, as defined in subsection [(d)] (c) of this section, has been obtained; and (4) construction of a structure approved in the certificate of need has begun. For the purposes of this subsection, commencement of construction of a structure shall include, at a minimum, completion of a foundation. Notwithstanding the provisions of this subsection, upon receipt of an application filed at least thirty days prior to the date by which construction is to begin, the commissioner may deem construction to have begun if: (A) An owner of a certificate of need has fully complied with the provisions of subdivisions (1), (2) and (3) of this subsection; (B) such owner submits clear and convincing evidence that he has complied with the provisions of this subsection sufficiently to demonstrate a high probability that construction shall be completed in time to obtain licensure by the Department of Public Health on or before the date required pursuant to subsection (a) of this section; (C) construction of a structure cannot begin due to unforeseeable circumstances beyond the control of the owner; and (D) at least ten per cent of the approved total capital expenditure or two hundred fifty thousand dollars, whichever is greater, has been expended.
[(d)] (c) For the purposes of subsection [(c)] (b) of this section, subject to the provisions of subsection [(e)] (d) of this section, financing shall be deemed to have been obtained if the owner of the certificate of need receives a commitment letter from a lender indicating an affirmative interest in financing the project subject to reasonable and customary conditions, including a final commitment from the lender's loan committee or other entity responsible for approving loans. If a lender which has issued a commitment letter subsequently refuses to finance the project, the owner shall notify the department in writing within five business days of the receipt of the refusal. The owner shall, if so requested by the department, provide the commissioner with copies of all communications between the owner and the lender concerning the request for financing. The owner shall have one further opportunity to obtain financing which shall be demonstrated by submitting another commitment letter from a lender to the department within thirty days of the owner's receipt of the refusal from the first lender.
[(e) On and after March 1, 1993, financing] (d) Financing shall be deemed to have been obtained for the purposes of this section and sections 17b-352 and 17b-353 if the owner of the certificate of need has (1) received a final commitment for financing in writing from a lender or (2) provided evidence to the department that the owner has sufficient funds available to construct the project without financing.
[(f) Any decision of the Office of Health Care Access issued prior to July 1, 1993, as to whether construction has begun or financing has been obtained for nursing home beds approved by the office prior to said date shall be deemed to be a decision of the Commissioner of Social Services for the purposes of this section and sections 17b-352 and 17b-353.]
[(g)] (e) (1) A continuing care facility, [which guarantees life care for its residents, as defined in subsection (b) of this] as described in section 17b-520, (A) shall arrange for a medical assessment to be conducted by an independent physician or an access agency approved by the Office of Policy and Management and the Department of Social Services as meeting the requirements for such agency as defined by regulations adopted pursuant to subsection (e) of section 17b-342, prior to the admission of any resident to the nursing facility and shall document such assessment in the resident's medical file and (B) may transfer or discharge a resident who has intentionally transferred assets in a sum which will render the resident unable to pay the cost of nursing facility care in accordance with the contract between the resident and the facility.
(2) A continuing care facility, [which guarantees life care for its residents, as defined in subsection (b) of this] as described in section 17b-520, may, for the seven-year period immediately subsequent to becoming operational, accept nonresidents directly as nursing facility patients on a contractual basis provided any such contract shall include, but not be limited to, requiring the facility (A) to document that placement of the patient in such facility is medically appropriate; (B) to apply to a potential nonresident patient the financial eligibility criteria applied to a potential resident of the facility; [pursuant to said subsection (b);] and (C) to at least annually screen each nonresident patient to ensure the maintenance of assets, income and insurance sufficient to cover the cost of at least forty-two months of nursing facility care. A facility may transfer or discharge a nonresident patient upon the patient exhausting assets sufficient to pay the costs of his care or upon the facility determining the patient has intentionally transferred assets in a sum which will render the patient unable to pay the costs of a total of forty-two months of nursing facility care from the date of initial admission to the nursing facility. Any such transfer or discharge shall be conducted in accordance with section 19a-535. The commissioner may grant one or more three-year extensions of the period during which a facility may accept nonresident patients, provided the facility is in compliance with the provisions of this section.
[(h) Notwithstanding the provisions of subsection (a) of this section, if an owner of an approved certificate of need for additional nursing home beds has notified the Office of Health Care Access or the Department of Social Services on or before September 30, 1993, of his intention to utilize such beds for a continuing care facility which guarantees life care for its residents in accordance with subsection (b) of this section and has filed documentation with the Department of Social Services on or before September 30, 1994, demonstrating the requirements of said subsection (b) have been met, the certificate of need shall not expire.
(i) The Commissioner of Social Services may waive or modify any requirement of this section, except subdivision (1) of subsection (b) which prohibits participation in the Medicaid program, to enable an established continuing care facility registered pursuant to chapter 319hh prior to September 1, 1991, to add nursing home beds provided the continuing care facility agrees to no longer admit nonresidents into any of the facility's nursing home beds except for spouses of residents of such facility and provided the addition of nursing home beds will not have an adverse impact on the facility's financial stability, as defined in subsection (b) of this section, and are located within a structure constructed and licensed prior to July 1, 1992.]
[(j)] (f) The Commissioner of Social Services [shall] may adopt regulations, in accordance with chapter 54, to implement the provisions of this section. The commissioner shall implement the standards and procedures of the Office of Health Care Access division of the Department of Public Health concerning certificates of need established pursuant to section 19a-643, as appropriate for the purposes of this section, until the time final regulations are adopted in accordance with said chapter 54.
Sec. 185. Subsection (a) of section 17b-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Upon the death of any beneficiary under the state supplement or the temporary family assistance program, the Commissioner of Social Services shall order the payment of a sum not to exceed one thousand two hundred dollars as an allowance toward the funeral and burial expenses of such decedent. The payment for funeral and burial expenses shall be reduced by (1) the amount in any revocable or irrevocable funeral fund, (2) any prepaid funeral contract, (3) the face value of any life insurance policy owned by the decedent that names a funeral home, cemetery or crematory as a beneficiary, (4) the net value of all liquid assets in the decedent's estate, and (5) contributions in excess of three thousand four hundred dollars toward such funeral and burial expenses from all other sources, including friends, relatives and all other persons, organizations, agencies, veterans' programs and other benefit programs. Notwithstanding the provisions of section 17b-90, whenever payment for funeral, burial or cremation expenses is reduced due to liquid assets in the decedent's estate, the commissioner may disclose information concerning such liquid assets to the funeral director, cemetery or crematory providing funeral, burial or cremation services for the decedent.
Sec. 186. Subsection (a) of section 17b-131 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) When a person in any town, or sent from such town to any licensed institution or state humane institution, dies or is found dead therein and does not leave sufficient estate and has no legally liable relative able to pay the cost of a proper funeral and burial, or upon the death of any beneficiary under the state-administered general assistance program, the Commissioner of Social Services shall give to such person a proper funeral and burial, and shall pay a sum not exceeding one thousand two hundred dollars as an allowance toward the funeral expenses of such decedent. Said sum shall be paid, upon submission of a proper bill, to the funeral director, cemetery or crematory, as the case may be. Such payment for funeral and burial expenses shall be reduced by (1) the amount in any revocable or irrevocable funeral fund, (2) any prepaid funeral contract, (3) the face value of any life insurance policy owned by the decedent that names a funeral home, cemetery or crematory as a beneficiary, (4) the net value of all liquid assets in the decedent's estate, and (5) contributions in excess of three thousand four hundred dollars toward such funeral and burial expenses from all other sources including friends, relatives and all other persons, organizations, agencies, veterans' programs and other benefit programs. Notwithstanding the provisions of section 17b-90, whenever payment for funeral, burial or cremation expenses is reduced due to liquid assets in the decedent's estate, the commissioner may disclose information concerning such liquid assets to the funeral director, cemetery or crematory providing funeral, burial or cremation services for the decedent.
Sec. 187. Subsection (c) of section 19a-14 of the general statutes, as amended by section 7 of public act 17-66, is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:
(1) Speech and language pathologist and audiologist;
(2) Hearing instrument specialist;
(3) Nursing home administrator;
(4) Sanitarian;
(5) Subsurface sewage system installer or cleaner;
(6) Marital and family therapist;
(7) Nurse-midwife;
(8) Licensed clinical social worker;
(9) Respiratory care practitioner;
(10) Asbestos contractor, asbestos consultant and asbestos training provider;
(11) Massage therapist;
(12) Registered nurse's aide;
(13) Radiographer;
(14) Dental hygienist;
(15) Dietitian-Nutritionist;
(16) Asbestos abatement worker;
(17) Asbestos abatement site supervisor;
(18) Licensed or certified alcohol and drug counselor;
(19) Professional counselor;
(20) Acupuncturist;
(21) Occupational therapist and occupational therapist assistant;
(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, lead training provider, lead inspector, lead inspector risk assessor and lead planner-project designer;
(23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor;
(24) Paramedic;
(25) Athletic trainer;
(26) Perfusionist;
(27) Master social worker subject to the provisions of section 20-195v;
(28) Radiologist assistant, subject to the provisions of section 20-74tt;
(29) Homeopathic physician;
(30) Certified water treatment plant operator, certified distribution system operator, certified small water system operator, certified backflow prevention device tester and certified cross connection survey inspector, including certified limited operators, certified conditional operators and certified operators in training;
(31) Tattoo technician; [and]
(32) Genetic counselor; and
(33) Behavior analyst.
The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.
Sec. 188. Section 20-185i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) As used in this section and sections 10-76ii, 10-145t, 19a-14 and 20-413 and sections 189 to 195, inclusive, of this act:
(1) "Behavior Analyst Certification Board" means the nonprofit corporation established to meet the professional credentialing needs of behavior analysts, governments and consumers of behavior analysis services and accredited by the National Council for Certifying Agencies in Washington, D.C., or any successor national accreditation organization;
[(2) "Board certified behavior analyst (BCBA)" means a person who has been certified as a behavior analyst by the Behavior Analyst Certification Board; and
(3) "Board certified assistant behavior analyst (BCABA)"]
(2) "Behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavior stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior, but does not include: (A) Psychological testing, (B) neuropsychology, (C) cognitive therapy, (D) sex therapy, (E) psychoanalysis, (F) hypnotherapy, (G) cognitive behavioral therapy, (H) psychotherapy, or (I) long-term counseling as treatment modalities;
(3) "Behavior analyst" means a person who is licensed to practice behavior analysis under the provisions of section 190 or 191 of this act; and
(4) "Assistant behavior analyst" means a person who has been certified as an assistant behavior analyst by the Behavior Analyst Certification Board to assist in the practice of behavior analysis under the supervision of a behavior analyst.
(b) No person, unless certified by the Behavior Analyst Certification Board as a [board certified behavior analyst or a] board certified assistant behavior analyst, shall use in connection with his or her name or place of business: (1) The words ["board certified behavior analyst", "certified behavior analyst",] "board certified assistant behavior analyst" or "certified assistant behavior analyst", (2) the letters [, "BCBA" or] "BCABA", or (3) any words, letters, abbreviations or insignia indicating or implying that he or she is a [board certified behavior analyst or] board certified assistant behavior analyst or in any way, orally, in writing, in print or by sign, directly or by implication, represent himself or herself as a [board certified behavior analyst or] board certified assistant behavior analyst. Any person who violates the provisions of this section shall be guilty of a class D felony. For the purposes of this section, each instance of contact or consultation with an individual which is in violation of any provision of this section shall constitute a separate offense.
Sec. 189. (NEW) (Effective July 1, 2018) (a) No person may practice behavior analysis unless licensed pursuant to section 153 or 154 of this act.
(b) No person may use the title "behavior analyst" or make use of any title, words, letters or abbreviations that may reasonably be confused with licensure as a behavior analyst unless such person is licensed pursuant to section 190 or 191 of this act.
(c) The provisions of this section shall not apply to a person who (1) provides behavior analysis or assists in the practice of behavior analysis while acting within the scope of practice of the person's license or certification and training, provided the person does not hold himself or herself out to the public as a behavior analyst, (2) is a student enrolled in a behavior analysis educational program accredited by the Behavior Analyst Certification Board, or a graduate education program in which behavior analysis is an integral part of the student's course of study and such student is performing such behavior analysis or assisting in behavior analysis under the direct supervision of a behavior analyst, (3) is an instructor in a course approved by the Behavior Analyst Certification Board, (4) is an assistant behavior analyst working under the supervision of a behavior analyst in accordance with the standards established by the Behavior Analyst Certification Board, (5) implements an intervention based on behavior analysis under the supervision of a behavior analyst, or (6) is a family member, guardian or caretaker implementing a behavior analysis treatment plan under the direction of a behavior analyst.
Sec. 190. (NEW) (Effective July 1, 2018) (a) The Commissioner of Public Health shall grant a license as a behavior analyst to any applicant who furnishes evidence satisfactory to the commissioner that such applicant is certified as a behavior analyst by the Behavior Analyst Certification Board. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifty dollars.
(b) A license issued under this section may be renewed annually. The license shall be renewed in accordance with the provisions of section 19a-88 of the general statutes, for a fee of one hundred seventy-five dollars. Each behavior analyst applying for license renewal shall furnish evidence satisfactory to the commissioner of having current certification with the Behavior Analyst Certification Board.
Sec. 191. (NEW) (Effective July 1, 2018) A person, who is not eligible for licensure under section 190 of this act, may apply for licensure by endorsement as a behavior analyst. Such applicant shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a behavior analyst, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending.
Sec. 192. Subdivision (1) of subsection (e) of section 19a-88 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(e) (1) Each person holding a license or certificate issued under section 190 or 191 of this act, section 19a-514, 20-65k, 20-74s, 20-195cc or 20-206ll and chapters 370 to 373, inclusive, 375, 378 to 381a, inclusive, 383 to 383c, inclusive, 384, 384a, 384b, 384d, 385, 393a, 395, 399 or 400a and section 20-206n or 20-206o shall, annually, during the month of such person's birth, apply for renewal of such license or certificate to the Department of Public Health, giving such person's name in full, such person's residence and business address and such other information as the department requests.
Sec. 193. (NEW) (Effective July 1, 2018) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against a behavior analyst for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice behavior analysis; (4) fraud or deceit in the practice of behavior analysis; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to behavior analysis. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.
Sec. 194. Subdivision (6) of section 20-413 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(6) The provision of applied behavior analysis services by a [board certified] licensed behavior analyst or a board certified assistant behavior analyst, as such terms are defined in section 20-185i, in accordance with section 10-76ii.
Sec. 195. Section 10-76ii of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
[(a)] On and after July 1, 2012, a local or regional board of education that is responsible for providing special education and related services to a child, pursuant to section 10-76a, shall provide applied behavior analysis services to any such child with autism spectrum disorder if the individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973 requires such services. [(1) Such services shall be provided by a person who is, subject to the provisions of subsection (b) of this section, (A) licensed by the Department of Public Health or certified by the Department of Education and such services are within the scope of practice of such license or certificate, or (B) certified by the Behavior Analyst Certification Board as a behavior analyst or assistant behavior analyst, provided such assistant behavior analyst is working under the supervision of a certified behavior analyst. (2) A teacher or paraprofessional may implement the individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973 providing for such applied behavior analysis services, provided such teacher or paraprofessional is under the supervision of a person described in subdivision (1) of this subsection. For purposes of this section, "applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior.
(b) If the Commissioner of Education determines that there are insufficient certified or licensed personnel available to provide applied behavior analysis services in accordance with the provisions of subsection (a) of this section, the commissioner may authorize the provision of such services by persons who: (1) Hold a bachelor's degree in a related field; (2) have completed (A) a minimum of nine credit hours of coursework from a course sequence approved by the Behavior Analyst Certification Board, or (B) coursework that meets the eligibility requirement to sit for the board certified behavior analyst examination; and (3) are supervised by a board certified behavior analyst.
(c)] Nothing in this section shall be construed to require the inclusion of applied behavior analysis services in an individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973.
Sec. 196. Subsection (a) of section 10-145t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) For purposes of this section, "school support staff" means any person employed by a local or regional board of education as a [board certified] behavior analyst or [board certified] assistant behavior analyst, as such terms are defined in section 20-185i, athletic coach, as defined in section 10-149d, or school paraprofessional.
Sec. 197. Subsections (a) to (c), inclusive, of section 38a-488b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) As used in this section:
(1) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior, to produce socially significant improvement in human behavior.
(2) "Autism spectrum disorder services provider" means any person, entity or group that provides treatment for an autism spectrum disorder pursuant to this section.
(3) "Autism spectrum disorder" means "autism spectrum disorder" as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".
(4) "Behavioral therapy" means any interactive behavioral therapies derived from evidence-based research and consistent with the services and interventions designated by the Commissioner of Social Services pursuant to subsection (l) of section 17a-215c, including, but not limited to, applied behavior analysis, cognitive behavioral therapy, or other therapies supported by empirical evidence of the effective treatment of individuals diagnosed with autism spectrum disorder, that are: (A) Provided to children less than twenty-one years of age; and (B) provided or supervised by (i) a licensed behavior analyst, [who is certified by the Behavior Analyst Certification Board,] (ii) a licensed physician, or (iii) a licensed psychologist. For the purposes of this subdivision, behavioral therapy is "supervised by" such licensed behavior analyst, licensed physician or licensed psychologist when such supervision entails at least one hour of face-to-face supervision of the autism spectrum disorder services provider by such licensed behavior analyst, licensed physician or licensed psychologist for each ten hours of behavioral therapy provided by the supervised provider.
(5) "Diagnosis" means the medically necessary assessment, evaluation or testing performed by a licensed physician, licensed psychologist or licensed clinical social worker to determine if an individual has autism spectrum disorder.
(b) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 that is delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for the diagnosis and treatment of autism spectrum disorder. For the purposes of this section and section 38a-482a, autism spectrum disorder shall be considered an illness.
(c) Such policy shall provide coverage for the following treatments, provided such treatments are (1) medically necessary, and (2) identified and ordered by a licensed physician, licensed psychologist or licensed clinical social worker for an insured who is diagnosed with autism spectrum disorder, in accordance with a treatment plan developed by a licensed behavior analyst, [who is certified by the Behavior Analyst Certification Board,] licensed physician, licensed psychologist or licensed clinical social worker, pursuant to a comprehensive evaluation or reevaluation of the insured:
(A) Behavioral therapy;
(B) Prescription drugs, to the extent prescription drugs are a covered benefit for other diseases and conditions under such policy, prescribed by a licensed physician, a licensed physician assistant or an advanced practice registered nurse for the treatment of symptoms and comorbidities of autism spectrum disorder;
(C) Direct psychiatric or consultative services provided by a licensed psychiatrist;
(D) Direct psychological or consultative services provided by a licensed psychologist;
(E) Physical therapy provided by a licensed physical therapist;
(F) Speech and language pathology services provided by a licensed speech and language pathologist; and
(G) Occupational therapy provided by a licensed occupational therapist.
Sec. 198. Subsections (a) to (c), inclusive, of section 38a-514b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) As used in this section:
(1) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior, to produce socially significant improvement in human behavior.
(2) "Autism spectrum disorder services provider" means any person, entity or group that provides treatment for autism spectrum disorder pursuant to this section.
(3) "Autism spectrum disorder" means "autism spectrum disorder" as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".
(4) "Behavioral therapy" means any interactive behavioral therapies derived from evidence-based research and consistent with the services and interventions designated by the Commissioner of Social Services pursuant to subsection (l) of section 17a-215c, including, but not limited to, applied behavior analysis, cognitive behavioral therapy, or other therapies supported by empirical evidence of the effective treatment of individuals diagnosed with autism spectrum disorder, that are: (A) Provided to children less than twenty-one years of age; and (B) provided or supervised by (i) a licensed behavior analyst, [who is certified by the Behavior Analyst Certification Board,] (ii) a licensed physician, or (iii) a licensed psychologist. For the purposes of this subdivision, behavioral therapy is "supervised by" such licensed behavior analyst, licensed physician or licensed psychologist when such supervision entails at least one hour of face-to-face supervision of the autism spectrum disorder services provider by such licensed behavior analyst, licensed physician or licensed psychologist for each ten hours of behavioral therapy provided by the supervised provider.
(5) "Diagnosis" means the medically necessary assessment, evaluation or testing performed by a licensed physician, licensed psychologist or licensed clinical social worker to determine if an individual has autism spectrum disorder.
(b) Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 that is delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for the diagnosis and treatment of autism spectrum disorder. For the purposes of this section and section 38a-513c, autism spectrum disorder shall be considered an illness.
(c) Such policy shall provide coverage for the following treatments, provided such treatments are (1) medically necessary, and (2) identified and ordered by a licensed physician, licensed psychologist or licensed clinical social worker for an insured who is diagnosed with autism spectrum disorder, in accordance with a treatment plan developed by a licensed behavior analyst, [who is certified by the Behavior Analyst Certification Board,] licensed physician, licensed psychologist or licensed clinical social worker, pursuant to a comprehensive evaluation or reevaluation of the insured:
(A) Behavioral therapy;
(B) Prescription drugs, to the extent prescription drugs are a covered benefit for other diseases and conditions under such policy, prescribed by a licensed physician, a licensed physician assistant or an advanced practice registered nurse for the treatment of symptoms and comorbidities of autism spectrum disorder;
(C) Direct psychiatric or consultative services provided by a licensed psychiatrist;
(D) Direct psychological or consultative services provided by a licensed psychologist;
(E) Physical therapy provided by a licensed physical therapist;
(F) Speech and language pathology services provided by a licensed speech and language pathologist; and
(G) Occupational therapy provided by a licensed occupational therapist.
Sec. 199. (Effective July 1, 2018) There is established an account to be known as the "behavior analyst licensing fee expense account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain moneys collected from licensure fees for behavior analysts, as defined in section 20-185i of the general statutes, sufficient to cover costs of any staff and equipment necessary to collect such fees as determined by the Commissioner of Public Health. Moneys in the account shall be expended by the Department of Public Health for the purposes of funding such staff and equipment.
Sec. 200. Section 17b-491b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The maximum allowable cost paid for [Factor VIII pharmaceuticals] antihemophilic Factor VII, VIII, IX and X products under the Medicaid program shall be the actual acquisition cost as reflected on the manufacturer's invoice plus eight per cent plus the professional dispensing fee established for covered outpatient drugs. [The Commissioner of Social Services may designate specific suppliers of Factor VIII pharmaceuticals from which a dispensing pharmacy shall order the prescription to be delivered to the pharmacy and billed by the supplier to the Department of Social Services. If the commissioner so designates specific suppliers of Factor VIII pharmaceuticals, the department shall pay the dispensing pharmacy a handling fee equal to eight per cent of the actual acquisition cost for such prescription.]
Sec. 201. (NEW) (Effective from passage) (a) The Commissioner of Social Services shall not impose a cost-sharing requirement for the purchase of prescription drugs on the preferred drug list pursuant to section 17b-274d of the general statutes on a parent or needy caretaker relative otherwise eligible for Medicaid pursuant to section 17b-261 of the general statutes. If the commissioner determines a cost-sharing requirement for nonpreferred drugs or other Medicaid services provided to such parent or needy caretaker relative is necessary, the commissioner shall, thirty days before imposing such requirement, notify (1) the joint standing committee of the General Assembly having cognizance of matters relating to human services, and (2) such parent or needy caretaker relative. The commissioner shall notify such parent or needy caretaker relative that he or she shall not be denied Medicaid service for inability to meet such cost-sharing requirement.
(b) The commissioner shall not impose cost sharing for nonpreferred prescription drugs if a physician certifies that the nonpreferred drug is medically necessary.
(c) If the commissioner imposes a cost-sharing requirement on a parent or needy caretaker relative otherwise eligible for Medicaid pursuant to section 17b-261 of the general statutes, the commissioner shall submit a quarterly report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to human services on: (1) Any decrease in the number of visits to Medicaid providers by such parent or needy caretaker relative compared to the same time period before the cost-sharing requirement was imposed, and (2) any difference in the average number of visits to Medicaid providers made by such parent or needy caretaker relative compared to other Medicaid recipients of comparable health not subject to a cost-sharing requirement.
Sec. 202. Subsection (b) of section 38a-488a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(b) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide benefits for the diagnosis and treatment of mental or nervous conditions. Benefits payable include, but need not be limited to:
(1) General inpatient hospitalization, including in state-operated facilities;
(2) Medically necessary acute treatment services and medically necessary clinical stabilization services;
(3) General hospital outpatient services, including at state-operated facilities;
(4) Psychiatric inpatient hospitalization, including in state-operated facilities;
(5) Psychiatric outpatient hospital services, including at state-operated facilities;
(6) Intensive outpatient services, including at state-operated facilities;
(7) Partial hospitalization, including at state-operated facilities;
[(8) Evidence-based maternal, infant and early childhood home visitation services, as described in Section 2951 of the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, that are designed to improve health outcomes for pregnant women, postpartum mothers and newborns and children, including, but not limited to, for maternal substance use disorders or depression and relationship-focused interventions for children with mental or nervous conditions or substance use disorders;]
[(9)] (8) Intensive, home-based services designed to address specific mental or nervous conditions in a child;
[(10)] (9) Evidence-based family-focused therapy that specializes in the treatment of juvenile substance use disorders;
[(11)] (10) Short-term family therapy intervention;
[(12)] (11) Nonhospital inpatient detoxification;
[(13)] (12) Medically monitored detoxification;
[(14)] (13) Ambulatory detoxification;
[(15)] (14) Inpatient services at psychiatric residential treatment facilities;
[(16)] (15) Rehabilitation services provided in residential treatment facilities, general hospitals, psychiatric hospitals or psychiatric facilities;
[(17)] (16) Observation beds in acute hospital settings;
[(18)] (17) Psychological and neuropsychological testing conducted by an appropriately licensed health care provider;
[(19)] (18) Trauma screening conducted by a licensed behavioral health professional;
[(20)] (19) Depression screening, including maternal depression screening, conducted by a licensed behavioral health professional; and
[(21)] (20) Substance use screening conducted by a licensed behavioral health professional. [;]
[(22) Intensive, family-based and community-based treatment programs that focus on addressing environmental systems that impact chronic and violent juvenile offenders;
(23) Other home-based therapeutic interventions for children;
(24) Chemical maintenance treatment, as defined in section 19a-495-570 of the regulations of Connecticut state agencies; and
(25) Extended day treatment programs, as described in section 17a-22.]
Sec. 203. Subsection (b) of section 38a-514 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):
(b) Except as provided in subsection (j) of this section, each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide benefits for the diagnosis and treatment of mental or nervous conditions. Benefits payable include, but need not be limited to:
(1) General inpatient hospitalization, including in state-operated facilities;
(2) Medically necessary acute treatment services and medically necessary clinical stabilization services;
(3) General hospital outpatient services, including at state-operated facilities;
(4) Psychiatric inpatient hospitalization, including in state-operated facilities;
(5) Psychiatric outpatient hospital services, including at state-operated facilities;
(6) Intensive outpatient services, including at state-operated facilities;
(7) Partial hospitalization, including at state-operated facilities;
[(8) Evidence-based maternal, infant and early childhood home visitation services, as described in Section 2951 of the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, that are designed to improve health outcomes for pregnant women, postpartum mothers and newborns and children, including, but not limited to, for maternal substance use disorders or depression and relationship-focused interventions for children with mental or nervous conditions or substance use disorders;]
[(9)] (8) Intensive, home-based services designed to address specific mental or nervous conditions in a child;
[(10)] (9) Evidence-based family-focused therapy that specializes in the treatment of juvenile substance use disorders;
[(11)] (10) Short-term family therapy intervention;
[(12)] (11) Nonhospital inpatient detoxification;
[(13)] (12) Medically monitored detoxification;
[(14)] (13) Ambulatory detoxification;
[(15)] (14) Inpatient services at psychiatric residential treatment facilities;
[(16)] (15) Rehabilitation services provided in residential treatment facilities, general hospitals, psychiatric hospitals or psychiatric facilities;
[(17)] (16) Observation beds in acute hospital settings;
[(18)] (17) Psychological and neuropsychological testing conducted by an appropriately licensed health care provider;
[(19)] (18) Trauma screening conducted by a licensed behavioral health professional;
[(20)] (19) Depression screening, including maternal depression screening, conducted by a licensed behavioral health professional; and
[(21)] (20) Substance use screening conducted by a licensed behavioral health professional. [;]
[(22) Intensive, family-based and community-based treatment programs that focus on addressing environmental systems that impact chronic and violent juvenile offenders;
(23) Other home-based therapeutic interventions for children;
(24) Chemical maintenance treatment, as defined in section 19a-495-570 of the regulations of Connecticut state agencies; and
(25) Extended day treatment programs, as described in section 17a-22.]
Sec. 204. Section 7-175 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Permits under the provisions of sections 7-170 to 7-186, inclusive, shall be of seven kinds. "Class No. 1" permits shall allow the operation of a raffle which shall be consummated within three months of the granting of the permit and the aggregate value of the prize or prizes offered shall be not more than fifteen thousand dollars. "Class No. 2" permits shall allow the operation of a raffle which shall be consummated within two months of the granting of the permit and the aggregate value of the prize or prizes offered shall be not more than two thousand dollars. "Class No. 3" permits shall permit the operation of a bazaar for [a period of] not more than [ten consecutive] sixty individual days, [excluding legal holidays and holy days on which the bazaar is not functioning. Any bazaar held under the authority of any such permit shall be held] within six months of the granting of such permit. "Class No. 4" permits shall allow the operation of a raffle which shall be consummated within one month of the granting of the permit and the aggregate value of the prize or prizes offered shall be not more than one hundred dollars. "Class No. 5" permits shall allow the operation of a raffle which shall be consummated within nine months of the granting of the permit and the aggregate value of the prize or prizes offered shall be not more than fifty thousand dollars. "Class No. 6" permits shall allow the operation of a raffle which shall be consummated within one year of the granting of the permit and the aggregate value of the prize or prizes offered shall be not more than one hundred thousand dollars. "Class No. 7" permits shall allow the operation of a raffle which shall be consummated within fifteen months of the granting of the permit, shall allow no more than twelve prize drawings on separate dates and the aggregate value of the prize or prizes offered shall be not more than fifty thousand dollars. No more than one "Class No. 1" permit, two "Class No. 3" permits, one "Class No. 4" permit, five "Class No. 5" permits, five "Class No. 6" permits or three "Class No. 2" permits shall be issued to any qualifying organization within any one calendar year. The aggregate value of prizes offered under any of such permits shall represent the amount paid by the applicant for the prize or prizes or the retail value of the same if donated.
Sec. 205. Subdivision (1) of subsection (b) of section 54-64a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) (1) When any arrested person charged with the commission of a class A felony, a class B felony, except a violation of section 53a-86 or 53a-122, a class C felony, except a violation of section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, section 53a-72a, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, or a family violence crime, as defined in section 46b-38a, is presented before the Superior Court, said court shall, in bailable offenses, promptly order the release of such person upon the first of the following conditions of release found sufficient to reasonably ensure the appearance of the arrested person in court and that the safety of any other person will not be endangered: (A) Upon such person's execution of a written promise to appear without special conditions, (B) upon such person's execution of a written promise to appear with nonfinancial conditions, (C) upon such person's execution of a bond without surety in no greater amount than necessary, (D) upon such person's execution of a bond with surety in no greater amount than necessary, but in no event shall a judge prohibit a bond from being posted by surety. In addition to or in conjunction with any of the conditions enumerated in subparagraphs (A) to (D), inclusive, of this subdivision, the court may, when it has reason to believe that the person is drug-dependent and where necessary, reasonable and appropriate, order the person to submit to a urinalysis drug test and to participate in a program of periodic drug testing and treatment. The results of any such drug test shall not be admissible in any criminal proceeding concerning such person.
Sec. 206. Subsection (g) of section 12-170aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(g) On or before July first, annually, each municipality shall submit to the secretary [,] a claim for the tax reductions approved under this section in relation to the assessment list of October first immediately preceding. On or after December 1, 1987, any municipality [which] that neglects to transmit to the secretary the claim as required by this section shall forfeit two hundred fifty dollars to the state, [provided] except that the secretary may waive such forfeiture in accordance with procedures and standards established by regulations adopted in accordance with chapter 54. Subject to procedures for review and approval of such data pursuant to section 12-120b, said secretary shall, on or before December fifteenth next following, certify to the Comptroller the amount due each municipality as reimbursement for loss of property tax revenue related to the tax reductions allowed under this section, except that the secretary may reduce the amount due as reimbursement under this section by up to one hundred per cent for any municipality that is not eligible for a grant under section 32-9s. The Comptroller shall draw an order on the Treasurer on or before the fifth business day following December fifteenth and the Treasurer shall pay the amount due each municipality not later than the thirty-first day of December. Any claimant aggrieved by the results of the secretary's review shall have the rights of appeal as set forth in section 12-120b. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of such grants in such year exceeds the amount appropriated for the purposes of this section with respect to such year.
Sec. 207. Section 8-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) In lieu of real property taxes, special benefit assessments and sewerage system use charges otherwise payable to such municipality, except in such municipalities as, by special act or charter, on May 20, 1957, had a sewer use charge, an authority shall pay each year to the municipality in which any of its moderate rental housing projects are located a sum to be determined by the municipality, with the approval of the Commissioner of Housing, not in excess of twelve and one-half per cent of the shelter rent per annum for each occupied dwelling unit in any such housing project; except that the amount of such payment shall not be so limited in any case where funds are made available for such payment by an agency or department of the United States government, but no payment shall exceed the amount of taxes which would be paid on the property were the property not exempt from taxation.
(b) For the period commencing on June 2, 2016, and ending June 30, [2018] 2019, each municipality that received a grant-in-aid pursuant to section 8-216 in the fiscal year ending June 30, 2015, shall waive any payment that becomes payable during such period pursuant to subsection (a) of this section, except that no waiver shall be required in any case where funds are made available for such payment by an agency or department of the United States government.
Sec. 208. (Effective from passage) The following amounts appropriated in section 1 of this act to the Judicial Department, for Youth Services Prevention, for each of the fiscal years ending June 30, 2018, and June 30, 2019, shall be made available in each of said fiscal years for the following grants:
Agency |
Amount | |
Advocacy Academy Accomplish Education Inc. |
$8,000 | |
Archipelago Inc. Project Music |
37,500 | |
Arte Inc. |
80,000 | |
Artist Collective |
10,000 | |
Artist Collective |
10,000 | |
Beat the Street Community Center |
15,000 | |
BIMEC (Believe in Me Corp) |
15,000 | |
Boys & Girls Club of Greater Waterbury |
18,333 | |
Boys & Girls Club of Greater Waterbury |
18,333 | |
Boys & Girls Club of Southeastern Connecticut |
5,000 | |
Boys and Girls Club of Lower Naugatuck Valley |
30,000 | |
Boys and Girls Club of Meriden |
10,000 | |
Boys and Girls Club of Stamford |
37,500 | |
Boys and Girls Club/Chandler Street |
30,000 | |
Bregamos Theater |
10,000 | |
Bridgeport Caribe Youth Leaders, Inc. |
25,000 | |
Bridgeport Caribe Youth League, Inc. |
85,000 | |
BSL Education Foundation |
20,000 | |
Buddy Jordan Foundation |
40,000 | |
C.U.R.E.T. |
10,000 | |
C.U.R.E.T. |
10,000 | |
Caribe Youth Leaders |
55,000 | |
Central CT Coast YMCA/Hamden |
40,000 | |
Central CT Coast YMCA/Valley |
40,000 | |
CHAMP Community Hands in Action |
10,000 | |
Mentoring Program |
||
Charter Oak Boxing |
15,000 | |
Church of the Good Shepard |
110,000 | |
Citadel of Love |
20,000 | |
City of Meriden/Police Cadets |
10,000 | |
Computer Center Pope Park |
30,000 | |
Cross Street Training and Academic Center, Inc. |
5,000 | |
East Hampton Youth and Family Services |
55,000 | |
Ebonyhorse Woman, Inc. |
10,000 | |
Ebonyhorse Woman, Inc. |
10,000 | |
Family Reentry Organization, Inc./Transition |
10,000 | |
Mentoring Program |
||
Friends of Pope Park Troop 105 |
35,000 | |
Garde Arts Center |
15,000 | |
Girls, Inc. |
10,000 | |
Goodworks, Inc. |
10,000 | |
Goodworks, Inc. |
10,000 | |
GVI |
25,000 | |
Haitian Woman Association - Anacaona Youth |
25,000 | |
Enrichment Program |
||
Hartford Drill, Drum and Dance Corp. |
20,000 | |
Hartford Urban League |
7,500 | |
Hartford Urban League |
7,500 | |
Headquarters & Church Care of Kanaan Baptist Church |
110,000 | |
Heavy Hitters USA |
5,000 | |
Higher Heights Youth Empowerment Programs, Inc. |
20,000 | |
Hispanic Coalition of Greater Waterbury, Inc. |
18,333 | |
Hispanic Coalition of Greater Waterbury, Inc. |
18,333 | |
Historically Black College Alumni, Inc. |
5,000 | |
Human Resources Agency of New Britain, Inc. |
65,000 | |
Kids Kook Association, Inc. |
10,000 | |
M.G. LL |
45,000 | |
McGivney Center |
25,000 | |
Meriden Wallingford Chrysalis |
15,000 | |
Meriden YMCA |
10,000 | |
Mi Casa |
40,000 | |
Middlesex United Way |
85,000 | |
Mount Olive Ministries |
15,000 | |
New Haven Reads Community Book Bank |
50,000 | |
New London Babe Ruth League, Inc. |
5,000 | |
New London Football League |
15,000 | |
New London Little League, Inc. |
10,000 | |
New London NAACP |
5,000 | |
New Opportunities of Greater Meriden/Boys to Men |
12,000 | |
Program |
||
NH Symphony Orchestra |
25,000 | |
O.P.M. Afterschool Program |
25,000 | |
Oddfellows Playhouse |
20,000 | |
OIC |
25,000 | |
Orcutt Boys and Girls Club |
55,000 | |
Original Works Inc. |
10,000 | |
Our Piece of the Pie |
10,000 | |
Our Piece of the Pie |
10,000 | |
Pathways Sandero Center/Greater New Britain Teen |
20,000 | |
Pregnancy Prevention Inc. |
||
Patrons of the Trumbull Nature & Arts Center, Inc. |
20,000 | |
Police Activity League of Waterbury C/O Waterbury |
18,333 | |
Young Men's Christian Association dba Greater |
||
Waterbury YMCA |
||
Police Activity League of Waterbury C/O Waterbury |
18,333 | |
Young Men's Christian Association dba Greater |
||
Waterbury YMCA |
||
Police Athletic League/ NH PAL |
45,000 | |
Project Overcome Inc. |
20,000 | |
r' Kids, Inc. |
35,000 | |
Riv Memorial Foundation Inc. |
18,333 | |
Riv Memorial Foundation Inc. |
18,333 | |
Rushford Hospital youth Program |
10,000 | |
Safe Futures, Inc. |
20,000 | |
Solar Youth |
40,000 | |
Sound Community Services, Inc. |
10,000 | |
St. Margaret Willow Plaza NRZ, Assoc. Inc. |
18,333 | |
St. Margaret Willow Plaza NRZ, Assoc. Inc. |
18,333 | |
Stamford YMCA |
10,000 | |
Stamford YMCA |
40,000 | |
Stratford Police Athletic League |
10,000 | |
Sullivan Basketball Academy, Inc. |
20,000 | |
Supreme Athletes |
15,000 | |
Take A Chance Foundation Inc. |
20,000 | |
The Pillar |
10,000 | |
The Village Initiative Project, Inc. |
25,000 | |
The Walter E. Luckett Jr. Foundation |
100,000 | |
Town of Clinton/Partner in Community |
55,000 | |
Town of East Hartford: Youth Services/Youth Task Force |
55,000 | |
Town of Manchester |
55,000 | |
United Mentoring Academy, Inc. |
20,000 | |
Upper Albany Collaborative |
12,500 | |
Upper Albany Collaborative |
12,500 | |
Upper Albany Collaborative |
32,500 | |
Upper Albany Collaborative |
32,500 | |
VETTS, Inc. |
65,000 | |
Village Initiative Project, Inc. |
110,000 | |
Walnut Orange Walsh Neighborhood Revitalization |
18,333 | |
Zone Association Inc. |
||
Walnut Orange Walsh Neighborhood Revitalization |
18,333 | |
Zone Association Inc. |
||
William E Edwards Academic College Tours, Inc. |
15,000 | |
Windsor Collaborative |
10,000 | |
Windsor Collaborative |
10,000 | |
Windsor Collaborative |
5,000 | |
Windsor Collaborative |
5,000 | |
With These Hands |
70,000 | |
Women & Family Center |
10,000 | |
Writer's Block Ink |
15,000 |
Sec. 209. Subsection (b) of section 31-98 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Upon the conclusion of the proceedings, each member of the panel shall receive three hundred twenty-five dollars and a panel member who prepares a written decision shall receive an additional [one hundred seventy-five] five hundred dollars, or the single member, if sitting in accordance with section 31-93, shall receive three hundred twenty-five dollars, provided if the proceedings extend beyond one day, each member shall receive one hundred fifty dollars for each additional day beyond the first day, and provided further no proceeding may be extended beyond two days without the prior approval of the Labor Commissioner for each such additional day.
Sec. 210. (Effective from passage) Notwithstanding the provisions of sections 47-33d and 47-33h of the general statutes, any reversionary interest under a certain lease from Moses Seymour, Esq., Frederick Wolcott, Esq., Elijah Wadsworth, Moses Seymour, Jr., Roger Skinner, Esq. and Aaron Smith, Esq., as lessors, and Julius Deming, Esq., treasurer, and the inhabitants of the county of Litchfield, as lessee and predecessor in interest to the state of Connecticut, for the parcel of land on which the old Litchfield County Courthouse now stands at 15 West Street, Litchfield, Connecticut, dated March 4, 1803, and recorded January 5, 1819, in Volume 21, Page 358 of the Litchfield land records, the root of title which is a deed from Grove Catlin to said Moses Seymour, Esq., et al, dated and recorded March 5, 1801, in Volume 20, Page 93, and a deed from John Marsh to Moses Seymour, Esq., et al, dated and recorded August 6, 1802, in Volume 20, Page 488, less a small parcel of land conveyed out by Moses Seymour, Esq., et al to David Boardman, et al, dated September 13, 1802, and recorded March 30, 1803, in Volume 22, Page 91, is hereby terminated pursuant to sections 47-33c and 47-33e of the general statutes, unless the holder of such reversionary interest has preserved such interest by recording a notice, deed, probate certificate or other instrument of conveyance describing such interest in the Litchfield land records pursuant to sections 47-33d, 47-33f and 47-33g of the general statutes within the forty-year period ending on the effective date of this section. The reversionary interest described in this section shall be deemed to include the land and improvements, including the Litchfield County Courthouse. The leased parcel of land has an area of approximately 0.31 acres and is identified as Lot 20 in Block 47 on Litchfield Tax Assessor's Map 206.
Sec. 211. (NEW) (Effective from passage) Any regional council of governments may establish a revenue sharing agreement with one or more regional council of governments.
Sec. 212. (NEW) (Effective from passage) (a) As used in this section:
(1) "Program" means any distinguishable service or group of services within a budgeted agency, as defined in section 4-69 of the general statutes, designed to accomplish a specific public goal and result in specific public benefits.
(2) "Performance-informed budget review" means consideration of information and analysis concerning the programs administered by a budgeted agency, prepared by such agency in accordance with the provisions of subsection (d) of this section, by the Governor and the General Assembly during the development of each biennial budget in accordance with the provisions of subsection (e) of this section. Such review shall involve a results-oriented approach to planning, budgeting and performance measurement for programs that focus on the quality of life results the state desires for its citizens and that identify program performance measures and indicators of the progress the state makes in achieving such results.
(b) For the biennium commencing July 1, 2017, and for each biennial budget thereafter, the General Assembly shall identify one or more budgeted agencies to transmit the information and analysis specified in subsection (d) of this section for purposes of a performance-informed budget review for the next succeeding biennium. The Office of Fiscal Analysis shall provide technical support in the identification of such agencies.
(c) There is established a joint bipartisan subcommittee on performance-informed budgeting consisting of seven members of the joint standing committee of the General Assembly having cognizance of matters relating to finance and seven members of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations. Not later than February 1, 2018, (1) the chairpersons of the finance committee shall appoint six members of the finance committee to such subcommittee, at least two of whom shall be members of the minority party, and the ranking member of the finance committee shall appoint one member of the finance committee to such subcommittee, and (2) the chairpersons of the appropriations committee shall appoint six members of the appropriations committee to such subcommittee, at least two of whom shall be members of the minority party, and the ranking member of the appropriations committee shall appoint one member of the appropriations committee to such subcommittee. The subcommittee shall be chaired by two chairpersons, each selected from among the subcommittee members. One chairperson shall be selected by the chairpersons of the finance committee and one chairperson shall be selected by the chairpersons of the appropriations committee. The term of such appointments shall terminate on December 31, 2018, regardless of when the initial appointment was made. Members of the subcommittee appointed on or after January 1, 2019, shall serve for two-year terms, which shall commence on the date of appointment. Members shall continue to serve until their successors are appointed, except that the term of any member shall terminate on the date such member ceases to be a member of the General Assembly. Any vacancy shall be filled by the respective appointing authority.
(d) On or before October 1, 2018, and on or before October first of each even-numbered year thereafter, the administrative head of each budgeted agency identified in the biennial budget adopted for the immediately preceding biennium, in accordance with the provisions of subsection (b) of this section, shall transmit to (1) the Secretary of the Office of Policy and Management, (2) the joint standing committee of the General Assembly having cognizance of matters relating to appropriations, through the Office of Fiscal Analysis, (3) the joint standing committee of the General Assembly having cognizance of matters relating to finance, and (4) the joint standing committee of the General Assembly having cognizance of matters relating to such budgeted agency, utilizing the results-based report format developed by the accountability subcommittee of said appropriations committee, the following information and analysis for each program administered by such agency:
(A) A statement of the statutory basis, or other basis, and the history of the program.
(B) A description of how the program fits within the strategic plan and goals of the agency and an analysis of the quantified objectives of the program.
(C) A description of the program's goals, fiscal and staffing data and the populations served by the program, and the level of funding and staff required to accomplish the goals of the program if different than the actual maintenance level.
(D) Data demonstrating the amount of service provided, the effectiveness of said service provision, and the measurable impact on quality of life results for service recipients.
(E) An analysis of internal and external factors positively and negatively impacting the change in quality of life outcomes over time.
(F) The program's administrative and other overhead costs.
(G) Where applicable, the amount of funds or benefits that actually reach the intended recipients of the program.
(H) Any recommendations for improving the program's performance.
(e) The Governor and General Assembly shall consider the information and analysis transmitted by budgeted agencies pursuant to subsection (d) of this section in developing each biennial budget. A public review of the reports transmitted by such agencies shall be incorporated into the agency budget hearing process conducted by the relevant subcommittees of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations.
Sec. 213. (NEW) (Effective from passage) The Commissioner of Social Services, in administering the state medical assistance program, may offset any federal funding reductions for providers or recipients of services described in 42 USC 1396d(a)(4)(C), provided (1) the General Assembly approves such use of state funds in a vote scheduled not later than ninety days following notice of such federal funding reduction by the commissioner, (2) such services are otherwise covered by the medical assistance program, and (3) providers otherwise meet the requirements of the Department of Social Services for participation and enrollment in the medical assistance program.
Sec. 214. (Effective from passage) Notwithstanding the provisions of section 4b-53 of the general statutes, the State Bond Commission in allocating the proceeds of state bonds on and after January 1, 2018, until January 1, 2020, for purposes of construction, reconstruction or remodeling of any state building, shall not allocate any percentage of such proceeds for works of art, with respect to any such project commenced on or after January 1, 2018, until January 1, 2020.
Sec. 215. (NEW) (Effective from passage) (a) The Comptroller shall determine the amount of labor-management savings realized by the State of Connecticut for each fiscal year ending June 30, 2018, to June 30, 2027, inclusive, pursuant to the operation of the agreement between the state and the State Employees Bargaining Agent Coalition (SEBAC) with all attachments and agreements appended thereto, filed with the General Assembly on July 21, 2017, including any agreement reached through negotiations between the state and SEBAC concerning wages, hours and other conditions of employment and any other agreement between the state and individual collective bargaining units representing state employees to achieve the labor-management savings specified in the state budget act for the biennium commencing on July 1, 2017, and for adjustments or revisions made to said act for the fiscal year commencing on July 1, 2018, and for each successive state budget act thereafter and any even-numbered year adjustments or revisions made thereto, until and including for the biennium commencing July 1, 2025.
(b) Not later than December 1, 2018, and each December first thereafter, until and including December 1, 2027, the Comptroller shall report the amount of labor-management savings realized for the previous fiscal year pursuant to the operation of the agreements described in subsection (a) of this section to the Governor and the General Assembly in accordance with the provisions of section 11-4a of the general statutes.
Sec. 216. (NEW) (Effective from passage) (a) Except as provided in subsection (b) of this section, each joint standing committee of the General Assembly having cognizance of any state agency that is the subject of a report issued by the Auditors of Public Accounts pursuant to any provision of the general statutes and the joint standing committee of the General Assembly having cognizance of matters relating to government administration shall hold a joint public hearing concerning such report not later than one hundred eighty days after such report is submitted to the General Assembly by the auditors.
(b) The chairpersons of any such committee may elect not to hold a public hearing on any auditor report that (1) contains no state agency violations of state statute or regulation, (2) contains only minor or technical recommendations, or (3) the chairpersons determine does not otherwise necessitate a public hearing.
Sec. 217. Subsection (a) of section 51-50b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There shall be deducted and withheld from the salary payable to each judge under subsections (a) and (d) of section 51-47, family support magistrate under subsection (h) of section 46b-231, and compensation commissioner under section 31-277 who is (1) appointed prior to January 1, 2018, a sum equal to five per cent of the judge's, family support magistrate's or commissioner's salary, and (2) appointed on or after January 1, 2018, a sum equal to six per cent of the judge's, family support magistrate's or commissioner's salary. The sums deducted and withheld shall be deposited in the Judge's Retirement Fund. The provisions of this subsection shall apply to any family support magistrate who had elected under the provisions of subdivision (2) of subsection (i) of section 46b-231.
Sec. 218. (NEW) (Effective from passage) On and after June 30, 2027, no agreement negotiated pursuant to the provisions of subsection (f) of section 5-278 of the general statutes shall be for a term of more than four years.
Sec. 219. Subsection (a) of section 7-313h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established an account to be known as the "firefighters cancer relief account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. [, including any moneys deposited pursuant to section 16-256g.] Moneys in the account shall be expended by the cancer relief subcommittee of the Connecticut State Firefighters Association, established pursuant to section 7-313i, for the purposes of providing wage replacement benefits to firefighters who are diagnosed with a condition of cancer described in section 7-313j.
Sec. 220. Section 16-256g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) By June first of each year, the Public Utilities Regulatory Authority shall conduct a proceeding to determine the amount of the monthly fee to be assessed against each subscriber of: (1) Local telephone service, (2) commercial mobile radio service, as defined in 47 CFR Section 20.3, and (3) voice over Internet protocol service, as defined in section 28-30b, to fund the development and administration of the enhanced emergency 9-1-1 program. [and the firefighters cancer relief program established pursuant to section 7-313j.] The authority shall base such fee on the findings of the Commissioner of Emergency Services and Public Protection, pursuant to subsection (c) of section 28-24, taking into consideration any existing moneys available in the Enhanced 9-1-1 Telecommunications Fund. The authority shall consider the progressive wire line inclusion schedule contained in the final report of the task force to study enhanced 9-1-1 telecommunications services established by public act 95-318. The authority shall not approve any fee (A) greater than seventy-five cents per month per access line, (B) that does not include the progressive wire line inclusion schedule, or (C) for commercial mobile radio service, as defined in 47 CFR Section 20.3 that includes the progressive wire line inclusion schedule.
(b) Each telephone or telecommunications company providing local telephone service, each provider of commercial mobile radio service and each provider of voice over Internet protocol service shall assess against each subscriber, the fee established by the authority pursuant to subsection (a) of this section, which shall be remitted to the office of the State Treasurer for deposit into the Enhanced 9-1-1 Telecommunications Fund established pursuant to section 28-30a, not later than the fifteenth day of each month. [To the extent permitted by federal law, on and after February 1, 2017, and not later than the fifteenth day of each month thereafter, an amount equal to one cent per month per access line shall be remitted from the fees imposed under this section to the office of the State Treasurer for deposit in the firefighters cancer relief account established pursuant to section 7-313h.]
(c) The fee imposed under this section shall not apply to any prepaid wireless telecommunications service, as defined in section 28-30b.
Sec. 221. (NEW) (Effective from passage) (a) The state may, in any public or special act, modify a contract to which it is a party (1) if any impairment to the contract is not substantial, or (2) (A) if any impairment to the contract is substantial, the public or special act serves a legitimate public purpose such as remedying a general social or economic problem, and (B) if such purpose is demonstrated, the means chosen to accomplish such purpose are reasonable and necessary.
(b) Any such impairment of a contract as described in subsection (a) of this section may be considered reasonable and necessary if (1) the state did not consider such impairment on par with other policy alternatives, (2) the state did not impose a drastic impairment when an evident and more moderate course of action would serve its purpose equally well, and (3) the state did not act unreasonably in light of the surrounding circumstances.
Sec. 222. Section 3 of public act 17-61 is repealed and the following is substituted in lieu thereof (Effective from passage):
The Commissioner of Developmental Services may, in collaboration with the Secretary of the Office of Policy and Management and the Commissioner of Social Services, or their designees, organize and participate in an Intellectual Disability Partnership. The partnership shall form an Intellectual Disability Partnership Advisory Committee which shall include broad and diverse representation from families, providers and advocates for persons with intellectual disability. Family representatives shall include family members of individuals with a broad range of intellectual disability and needs, including individuals with high-level needs. Notice of the [partnership's] committee's meetings, agendas and minutes shall be posted on the Department of Developmental Services' Internet web site.
Sec. 223. (Effective from passage) The School Building Projects Advisory Council, established pursuant to section 10-292q of the general statutes, shall conduct a study regarding the development and implementation of blueprints for prototype school designs for new construction projects. Such study shall include, but need not be limited to, (1) an analysis of (A) the costs associated with the creation of blueprints for prototype school designs for elementary, middle and high schools, (B) the feasibility of boards of education using such blueprints for prototype school designs as part of the school building project grant program, pursuant to chapter 173 of the general statutes, and (C) any cost savings associated with using such blueprints for prototype school designs, and (2) recommendations concerning the implementation of such blueprints for prototype school designs, and whether the use of such blueprints for prototype school designs should be related to reimbursement percentages for school building projects, pursuant to section 10-285a of the general statutes. Not later than January 1, 2019, the School Building Projects Advisory Council shall submit such study to the joint standing committees of the General Assembly having cognizance of matters relating to education and finance, revenue and bonding, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 224. Section 10-262u of the general statutes, as amended by section 3 of public act 17-215, is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) As used in this section and section 10-262i:
(1) "Alliance district" means a school district [that is in] for a town that (A) is among the towns with the thirty lowest accountability index scores, as calculated by the Department of Education, or (B) was previously designated as an alliance district by the Commissioner of Education for the fiscal years ending June 30, 2013, to June 30, 2017, inclusive.
(2) "Accountability index" has the same meaning as provided in section 10-223e.
(3) "Mastery test data of record" has the same meaning as provided in section 10-262f.
(4) "Educational reform district" means a school district that is in a town that is among the ten lowest accountability index scores when all towns are ranked highest to lowest in accountability index scores.
(b) (1) For the fiscal year ending June 30, 2013, the Commissioner of Education shall designate thirty school districts as alliance districts. Any school district designated as an alliance district shall be so designated for a period of five years. On or before June 30, 2016, the Department of Education shall determine if there are any additional alliance districts.
(2) For the fiscal year ending June 30, 2018, the commissioner shall designate thirty-three school districts as alliance districts. Any school district designated as an alliance district shall be so designated for a period of five years.
(c) (1) (A) For the fiscal year ending June 30, 2013, the Comptroller shall withhold from a town designated as an alliance district any increase in funds received over the amount the town received for the prior fiscal year pursuant to section 10-262h. The Comptroller shall transfer such funds to the Commissioner of Education. (B) For the fiscal years ending June 30, 2014, to June 30, 2016, inclusive, the Comptroller shall withhold from a town designated as an alliance district any increase in funds received over the amount the town received for the fiscal year ending June 30, 2012, pursuant to subsection (a) of section 10-262i. (C) For the fiscal year ending June 30, 2017, the Comptroller shall withhold from a town designated as an alliance district any increase in funds received over the amount the town received for the fiscal year ending June 30, 2012, pursuant to subsection (a) of section 10-262i, minus the aid reduction, as described in subsection (d) of section 10-262i. (D) For the fiscal year ending June 30, 2018, and each fiscal year thereafter, the Comptroller shall withhold from a town designated as an alliance district any increase in funds received over the amount the town received for the fiscal year ending June 30, 2012, pursuant to subsection (a) of section 10-262i. The Comptroller shall transfer such funds to the Commissioner of Education.
(2) Upon receipt of an application pursuant to subsection (d) of this section, the Commissioner of Education may pay such funds to the town designated as an alliance district and such town shall pay all such funds to the local or regional board of education for such town on the condition that such funds shall be expended in accordance with the plan described in subsection (d) of this section, the provisions of subsection (c) of section 10-262i, and any guidelines developed by the State Board of Education for such funds. Such funds shall be used to improve student achievement in such alliance district and to offset any other local education costs approved by the commissioner.
(d) The local or regional board of education for a town designated as an alliance district may apply to the Commissioner of Education, at such time and in such manner as the commissioner prescribes, to receive any increase in funds received over the amount the town received for the prior fiscal year pursuant to subsection (a) of section 10-262i. Applications pursuant to this subsection shall include objectives and performance targets and a plan that are developed, in part, on the strategic use of student academic performance data. Such plan may include, but not be limited to, the following: (1) A tiered system of interventions for the schools under the jurisdiction of such board based on the needs of such schools, (2) ways to strengthen the foundational programs in reading, through the intensive reading instruction program pursuant to section 10-14u, to ensure reading mastery in kindergarten to grade three, inclusive, with a focus on standards and instruction, proper use of data, intervention strategies, current information for teachers, parental engagement, and teacher professional development, (3) additional learning time, including extended school day or school year programming administered by school personnel or external partners, (4) a talent strategy that includes, but is not limited to, teacher and school leader recruitment and assignment, career ladder policies that draw upon guidelines for a model teacher evaluation program adopted by the State Board of Education, pursuant to section 10-151b, and adopted by each local or regional board of education. Such talent strategy may include provisions that demonstrate increased ability to attract, retain, promote and bolster the performance of staff in accordance with performance evaluation findings and, in the case of new personnel, other indicators of effectiveness, (5) training for school leaders and other staff on new teacher evaluation models, (6) provisions for the cooperation and coordination with early childhood education providers to ensure alignment with district expectations for student entry into kindergarten, including funding for an existing local Head Start program, (7) provisions for the cooperation and coordination with other governmental and community programs to ensure that students receive adequate support and wraparound services, including community school models, (8) provisions for implementing and furthering state-wide education standards adopted by the State Board of Education and all activities and initiatives associated with such standards, (9) strategies for attracting and recruiting minority teachers and administrators, (10) provisions for the enhancement of bilingual education programs, pursuant to section 10-17f, or other language acquisition services to English language learners, including, but not limited to, participation in the English language learner pilot program, established pursuant to section 10-17n, (11) entering into the model school district responsibilities agreement, described in section 2 of [this act] public act 17-215, (12) leadership succession plans that provide training and learning opportunities for administrators and are designed to assist in the seamless transition of school and district personnel in and out of leadership positions in the school district and the continuous implementation of plans developed under this subsection, and (13) any additional categories or goals as determined by the commissioner. Such plan shall demonstrate collaboration with key stakeholders, as identified by the commissioner, with the goal of achieving efficiencies and the alignment of intent and practice of current programs with conditional programs identified in this subsection. The commissioner may (A) require changes in any plan submitted by a local or regional board of education before the commissioner approves an application under this subsection, and (B) permit a local or regional board of education, as part of such plan, to use a portion of any funds received under this section for the purposes of paying tuition charged to such board pursuant to subdivision (1) of subsection (k) of section 10-264l or subsection (b) of section 10-264o.
(e) The State Board of Education may develop guidelines and criteria for the administration of such funds under this section.
(f) The commissioner may withhold such funds if the local or regional board of education fails to comply with the provisions of this section. The commissioner may renew such funding if the local or regional board of education provides evidence that the school district of such board is achieving the objectives and performance targets approved by the commissioner stated in the plan submitted under this section.
(g) Any local or regional board of education receiving funding under this section shall submit an annual expenditure report to the commissioner on such form and in such manner as requested by the commissioner. The commissioner shall determine if (1) the local or regional board of education shall repay any funds not expended in accordance with the approved application, or (2) such funding should be reduced in a subsequent fiscal year up to an amount equal to the amount that the commissioner determines is out of compliance with the provisions of this subsection.
(h) Any balance remaining for each local or regional board of education at the end of any fiscal year shall be carried forward for such local or regional board of education for the next fiscal year.
Sec. 225. Subdivision (2) of section 10-262f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(2) "Base aid ratio" means (A) for the fiscal years ending June 30, 2008, to June 30, 2013, inclusive, one minus the ratio of a town's wealth to the state guaranteed wealth level, provided no town's aid ratio shall be less than nine one-hundredths, except for towns which rank from one to twenty when all towns are ranked in descending order from one to one hundred sixty-nine based on the ratio of the number of children below poverty to the number of children age five to seventeen, inclusive, the town's aid ratio shall not be less than thirteen one-hundredths when based on data used to determine the grants pursuant to section 10-262h of the general statutes, revision of 1958, revised to January 1, 2013, for the fiscal year ending June 30, 2008, [and] (B) for the fiscal [year] years ending June 30, 2014, [and each fiscal year thereafter] to June 30, 2017, inclusive, one minus the town's wealth adjustment factor, except that a town's aid ratio shall not be less than (i) ten one-hundredths for a town designated as an alliance district, as defined in section 10-262u, and (ii) two one-hundredths for a town that is not designated as an alliance district, and (C) for the fiscal year ending June 30, 2018, and each fiscal year thereafter, the sum of (i) one minus the town's wealth adjustment factor, and (ii) the town's base aid ratio adjustment factor, if any, except that a town's base aid ratio shall not be less than (I) ten per cent for a town designated as an alliance district, as defined in section 10-262u, and (II) one per cent for a town that is not designated as an alliance district.
Sec. 226. Subdivision (25) of section 10-262f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(25) "Total need students" means the sum of (A) the number of resident students of the town for the school year, (B) (i) for any school year commencing prior to July 1, 1998, one-quarter the number of children under the temporary family assistance program for the prior fiscal year, and (ii) for the school years commencing July 1, 1998, to July 1, 2006, inclusive, one-quarter the number of children under the temporary family assistance program for the fiscal year ending June 30, 1997, (C) for school years commencing July 1, 1995, to July 1, 2006, inclusive, one-quarter of the mastery count for the school year, (D) for school years commencing July 1, 1995, to July 1, 2006, inclusive, ten per cent of the number of eligible children, as defined in subdivision (1) of section 10-17e, for whom the board of education is not required to provide a program pursuant to section 10-17f, (E) for the school years commencing July 1, 2007, to July 1, 2012, inclusive, fifteen per cent of the number of eligible students, as defined in subdivision (1) of section 10-17e, for whom the board of education is not required to provide a program pursuant to section 10-17f, (F) for the school years commencing July 1, 2007, to July 1, 2012, inclusive, thirty-three per cent of the number of children below the level of poverty, [and] (G) for the school [year] years commencing July 1, 2013, [and each school year thereafter] to July 1, 2016, inclusive, thirty per cent of the number of children eligible for free or reduced price meals or free milk, and (H) for the school year commencing July 1, 2017, and each school year thereafter, (i) thirty per cent of the number of children eligible for free or reduced price meals or free milk, (ii) five per cent of the number of children eligible for free or reduced price meals or free milk in excess of the number of children eligible for free or reduced price meals or free milk that is equal to seventy-five per cent of the total number of resident students of the town for the school year, and (iii) fifteen per cent of the number of resident students who are English language learners, as defined in section 10-76kk.
Sec. 227. Subdivision (33) of section 10-262f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(33) "Fully funded grant" means the sum of (A) the product of a town's base aid ratio, the foundation [level] and the town's total need students for the fiscal year prior to the year in which the grant is to be paid, and (B) the town's regional bonus.
Sec. 228. Subdivisions (42) to (44), inclusive, of section 10-262f of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(42) "Equalized net grand list adjustment factor" means (A) for the fiscal years prior to the fiscal year ending June 30, 2018, the ratio of the town's equalized net grant list per capita to one and one-half times the town equalized net grand list per capita of the town with the median equalized net grand list per capita, and (B) for the fiscal year ending June 30, 2018, and each fiscal year thereafter, the ratio of the town's equalized net grant list per capita to one and thirty-five-one-hundredths times the town equalized net grand list per capita of the town with the median equalized net grand list per capita.
(43) "Median household income adjustment factor" means (A) for the fiscal years prior to the fiscal year ending June 30, 2018, the ratio of the median household income of the town to one and one-half times the median household income of the town with the median household income when all towns are ranked according to median household income, and (B) for the fiscal year ending June 30, 2018, and each fiscal year thereafter, the ratio of the median household income of the town to one and thirty-five-one-hundredths times the median household income of the town with the median household income when all towns are ranked according to median household income.
(44) "Wealth adjustment factor" means (A) for the fiscal years prior to the fiscal year ending June 30, 2018, the sum of a town's equalized net grand list adjustment factor multiplied by ninety one-hundredths per cent and a town's median household income adjustment factor multiplied by ten one-hundredths per cent, and (B) for the fiscal year ending June 30, 2018, and each fiscal year thereafter, the sum of a town's equalized net grand list adjustment factor multiplied by seventy per cent and a town's median household income adjustment factor multiplied by thirty per cent.
Sec. 229. Section 10-262f of the general statutes is amended by adding subdivisions (46) to (49), inclusive, as follows (Effective from passage):
(NEW) (46) "Base aid ratio adjustment factor" means (A) six percentage points for those towns ranked one, two, three, four or five in total eligibility index points, (B) five percentage points for those towns ranked six, seven, eight, nine or ten in total eligibility index points, (C) four percentage points for those towns ranked eleven, twelve, thirteen, fourteen or fifteen in total eligibility index points, and (D) three percentage points for those towns ranked sixteen, seventeen, eighteen or nineteen in total eligibility index points.
(NEW) (47) "Eligibility index" has the same meaning as provided in section 7-545.
(NEW) (48) "Base grant amount" means the equalization aid grant a town was entitled to receive for the fiscal year ending June 30, 2017, as enumerated in section 20 of public act 16-2 of the May special session, minus any reductions to said equalization aid grant during the fiscal year ending June 30, 2017, resulting from lapses to the funds appropriated for said equalization aid grant attributable to the recommendation made by the Secretary of the Office of Policy and Management, pursuant to section 12 of public act 15-244.
(NEW) (49) "Grant adjustment" means the absolute value of the difference between a town's base grant amount and its fully funded grant.
Sec. 230. Section 10-262h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a) Obsolete.
(b) Obsolete.
(c) (1) For the fiscal years ending June 30, 2016, and June 30, 2017, each town shall receive an equalization aid grant in an amount equal to the sum of any amounts paid to such town pursuant to subsection (c) and subdivision (1) of subsection (d) of section 10-66ee, and the amount provided for in subdivision (2) of this subsection.
(2) Equalization aid grant amounts.
Grant for Fiscal Year |
Grant for Fiscal Year | ||
Town |
2016 |
2017 | |
Andover |
2,380,614 |
2,380,599 | |
Ansonia |
16,641,477 |
16,641,477 | |
Ashford |
3,933,350 |
3,933,350 | |
Avon |
1,233,415 |
1,233,415 | |
Barkhamsted |
1,678,323 |
1,678,295 | |
Beacon Falls |
4,155,524 |
4,155,471 | |
Berlin |
6,381,659 |
6,381,544 | |
Bethany |
2,063,112 |
2,063,088 | |
Bethel |
8,316,869 |
8,316,768 | |
Bethlehem |
1,319,337 |
1,319,337 | |
Bloomfield |
6,319,698 |
6,319,698 | |
Bolton |
3,052,646 |
3,052,630 | |
Bozrah |
1,255,401 |
1,255,387 | |
Branford |
2,119,926 |
2,426,993 | |
Bridgeport |
182,266,724 |
182,266,724 | |
Bridgewater |
137,292 |
137,292 | |
Bristol |
45,705,925 |
45,705,925 | |
Brookfield |
1,564,515 |
1,564,493 | |
Brooklyn |
7,110,490 |
7,110,430 | |
Burlington |
4,439,634 |
4,439,537 | |
Canaan |
209,258 |
209,258 | |
Canterbury |
4,754,383 |
4,754,383 | |
Canton |
3,488,569 |
3,488,492 | |
Chaplin |
1,893,763 |
1,893,763 | |
Cheshire |
9,664,954 |
9,664,625 | |
Chester |
691,462 |
691,432 | |
Clinton |
6,502,667 |
6,502,667 | |
Colchester |
13,772,585 |
13,772,530 | |
Colebrook |
508,008 |
508,008 | |
Columbia |
2,589,653 |
2,589,623 | |
Cornwall |
85,322 |
85,322 | |
Coventry |
8,942,234 |
8,942,206 | |
Cromwell |
4,663,336 |
4,754,798 | |
Danbury |
30,705,677 |
31,698,975 | |
Darien |
1,616,006 |
1,616,006 | |
Deep River |
1,727,412 |
1,727,394 | |
Derby |
8,001,514 |
8,001,514 | |
Durham |
3,993,506 |
3,993,506 | |
East Granby |
1,435,957 |
1,481,760 | |
East Haddam |
3,791,594 |
3,791,563 | |
East Hampton |
7,715,347 |
7,715,291 | |
East Hartford |
49,563,484 |
49,563,484 | |
East Haven |
20,004,233 |
20,004,233 | |
East Lyme |
7,138,163 |
7,138,163 | |
East Windsor |
5,810,543 |
5,810,543 | |
Eastford |
1,116,844 |
1,116,844 | |
Easton |
593,868 |
593,868 | |
Ellington |
9,822,206 |
9,822,009 | |
Enfield |
29,196,275 |
29,195,835 | |
Essex |
389,697 |
389,697 | |
Fairfield |
3,590,008 |
3,590,008 | |
Farmington |
1,611,013 |
1,611,013 | |
Franklin |
948,235 |
948,235 | |
Glastonbury |
6,773,356 |
6,921,094 | |
Goshen |
218,188 |
218,188 | |
Granby |
5,603,808 |
5,603,665 | |
Greenwich |
3,418,642 |
3,418,642 | |
Griswold |
10,977,669 |
10,977,557 | |
Groton |
25,625,179 |
25,625,179 | |
Guilford |
3,058,981 |
3,058,981 | |
Haddam |
1,925,611 |
2,034,708 | |
Hamden |
27,131,137 |
27,131,137 | |
Hampton |
1,339,928 |
1,339,928 | |
Hartford |
201,777,130 |
201,777,130 | |
Hartland |
1,358,660 |
1,358,660 | |
Harwinton |
2,779,898 |
2,779,876 | |
Hebron |
7,021,279 |
7,021,219 | |
Kent |
167,342 |
167,342 | |
Killingly |
15,871,254 |
15,871,254 | |
Killingworth |
2,245,206 |
2,245,206 | |
Lebanon |
5,524,550 |
5,524,550 | |
Ledyard |
12,217,314 |
12,217,227 | |
Lisbon |
3,927,193 |
3,927,193 | |
Litchfield |
1,525,262 |
1,525,242 | |
Lyme |
145,556 |
145,556 | |
Madison |
1,576,061 |
1,576,061 | |
Manchester |
34,864,748 |
34,864,748 | |
Mansfield |
10,187,542 |
10,187,506 | |
Marlborough |
3,234,990 |
3,234,918 | |
Meriden |
60,812,457 |
60,812,457 | |
Middlebury |
814,636 |
914,010 | |
Middlefield |
2,153,551 |
2,153,527 | |
Middletown |
19,861,550 |
19,861,550 | |
Milford |
11,381,824 |
11,381,824 | |
Monroe |
6,616,696 |
6,616,669 | |
Montville |
12,858,302 |
12,858,140 | |
Morris |
657,975 |
657,975 | |
Naugatuck |
30,831,003 |
30,831,003 | |
New Britain |
86,678,662 |
86,678,662 | |
New Canaan |
1,495,604 |
1,495,604 | |
New Fairfield |
4,492,869 |
4,492,822 | |
New Hartford |
3,197,865 |
3,197,830 | |
New Haven |
155,328,620 |
155,328,620 | |
New London |
26,058,803 |
26,058,803 | |
New Milford |
12,170,243 |
12,170,141 | |
Newington |
13,226,771 |
13,226,394 | |
Newtown |
4,760,009 |
5,105,657 | |
Norfolk |
381,414 |
381,414 | |
North Branford |
8,270,161 |
8,270,110 | |
North Canaan |
2,091,790 |
2,091,790 | |
North Haven |
3,677,315 |
4,023,706 | |
North Stonington |
2,906,538 |
2,906,538 | |
Norwalk |
11,551,095 |
11,551,095 | |
Norwich |
36,577,969 |
36,577,969 | |
Old Lyme |
605,586 |
605,586 | |
Old Saybrook |
652,677 |
652,677 | |
Orange |
1,350,098 |
1,623,431 | |
Oxford |
4,677,464 |
4,677,464 | |
Plainfield |
15,642,779 |
15,642,685 | |
Plainville |
10,507,328 |
10,507,145 | |
Plymouth |
9,952,004 |
9,951,918 | |
Pomfret |
3,136,587 |
3,136,587 | |
Portland |
4,440,331 |
4,440,226 | |
Preston |
3,079,403 |
3,079,401 | |
Prospect |
5,425,749 |
5,425,694 | |
Putnam |
8,498,260 |
8,498,260 | |
Redding |
687,733 |
687,733 | |
Ridgefield |
2,063,814 |
2,063,814 | |
Rocky Hill |
3,946,076 |
4,396,918 | |
Roxbury |
158,114 |
158,114 | |
Salem |
3,114,216 |
3,114,216 | |
Salisbury |
187,266 |
187,266 | |
Scotland |
1,450,663 |
1,450,663 | |
Seymour |
10,179,589 |
10,179,389 | |
Sharon |
145,798 |
145,798 | |
Shelton |
5,706,910 |
6,199,810 | |
Sherman |
244,327 |
244,327 | |
Simsbury |
5,954,768 |
6,264,852 | |
Somers |
6,068,653 |
6,068,546 | |
South Windsor |
13,159,658 |
13,159,496 | |
Southbury |
3,034,452 |
3,606,189 | |
Southington |
20,621,655 |
20,621,165 | |
Sprague |
2,661,506 |
2,661,473 | |
Stafford |
9,981,310 |
9,981,252 | |
Stamford |
10,885,284 |
11,109,306 | |
Sterling |
3,257,690 |
3,257,637 | |
Stonington |
2,079,926 |
2,079,926 | |
Stratford |
21,821,740 |
21,820,886 | |
Suffield |
6,345,468 |
6,345,284 | |
Thomaston |
5,740,782 |
5,740,750 | |
Thompson |
7,682,218 |
7,682,218 | |
Tolland |
10,929,052 |
10,928,981 | |
Torrington |
24,780,972 |
24,780,540 | |
Trumbull |
3,481,940 |
3,703,712 | |
Union |
243,880 |
243,877 | |
Vernon |
19,650,126 |
19,650,126 | |
Voluntown |
2,550,166 |
2,550,166 | |
Wallingford |
21,866,589 |
21,866,413 | |
Warren |
99,777 |
99,777 | |
Washington |
240,147 |
240,147 | |
Waterbury |
134,528,710 |
134,528,710 | |
Waterford |
1,485,842 |
1,485,842 | |
Watertown |
12,035,017 |
12,034,849 | |
West Hartford |
19,872,200 |
21,469,839 | |
West Haven |
45,996,566 |
45,996,566 | |
Westbrook |
427,677 |
427,677 | |
Weston |
948,564 |
948,564 | |
Westport |
1,988,255 |
1,988,255 | |
Wethersfield |
9,022,122 |
9,548,677 | |
Willington |
3,718,418 |
3,718,418 | |
Wilton |
1,557,195 |
1,557,195 | |
Winchester |
8,187,980 |
8,187,980 | |
Windham |
26,816,024 |
26,816,024 | |
Windsor |
12,476,044 |
12,476,044 | |
Windsor Locks |
5,274,785 |
5,274,785 | |
Wolcott |
13,696,541 |
13,696,541 | |
Woodbridge |
732,889 |
732,889 | |
Woodbury |
1,106,713 |
1,347,989 | |
Woodstock |
5,473,998 |
5,473,975] |
(a) For the fiscal year ending June 30, 2018, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town designated as an alliance district, as defined in section 10-262u, shall be entitled to an equalization aid grant in an amount equal to its base grant amount; and (2) any town not designated as an alliance district shall be entitled to an equalization aid grant in an amount equal to ninety-five per cent of its base grant amount.
(b) For the fiscal year ending June 30, 2019, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its base grant amount plus four and one-tenth per cent of its grant adjustment; and (2) any town whose fully funded grant is less than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its base grant amount minus twenty-five per cent of its grant adjustment, except any such town designated as an alliance district shall be entitled to an equalization aid grant in an amount equal to its base grant amount.
(c) For the fiscal years ending June 30, 2020, to June 30, 2027, inclusive, each town maintaining public schools according to law shall be entitled to an equalization aid grant as follows: (1) Any town whose fully funded grant is greater than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year plus ten and sixty-six-one-hundredths per cent of its grant adjustment; and (2) any town whose fully funded grant is less than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its equalization aid grant amount for the previous fiscal year minus eight and thirty-three-one-hundredths per cent of its grant adjustment, except any such town designated as an alliance district shall be entitled to an equalization aid grant in an amount equal to its base grant amount.
(d) For the fiscal year ending June 30, 2028, and each fiscal year thereafter, each town maintaining public schools according to law shall be entitled to an equalization aid grant in an amount equal to its fully funded grant, except any town designated as an alliance district whose fully funded grant amount is less than its base grant amount shall be entitled to an equalization aid grant in an amount equal to its base grant amount.
Sec. 231. Section 19a-524 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
If, upon review, investigation or inspection pursuant to section 19a-498, the Commissioner of Public Health determines that a nursing home facility or residential care home has violated any provision of section 17a-411, 19a-491a to 19a-491c, inclusive, 19a-493a, 19a-521 to 19a-529, inclusive, 19a-531 to 19a-551, inclusive, or 19a-553 to 19a-555, inclusive, or any [regulation in the Public Health Code or regulation] provision of any regulation of Connecticut state agencies relating to licensure, [or] the Fire Safety Code [relating to] or the operation or maintenance of a nursing home facility or residential care home, which violation has been classified in accordance with section 19a-527, [he or she shall] the commissioner may immediately issue or cause to be issued a citation to the licensee of such nursing home facility or residential care home. Governmental immunity shall not be a defense to any citation issued or civil penalty imposed pursuant to [sections 19a-524] this section or sections 19-525 to 19a-528, inclusive, as amended by this act. Each such citation shall be in writing, [shall] provide notice of the nature and scope of the alleged violation or violations, and include, but not be limited to, the citation and notice of noncompliance issued in accordance with section 19a-496. Each citation and notice of noncompliance issued under this section shall be sent by certified mail to the licensee at the address of the nursing home facility or residential care home in issue. A copy of such citation and notice of noncompliance shall also be sent to the licensed administrator at the address of the nursing home facility or residential care home.
Sec. 232. Section 19a-525 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The administrator of the nursing home facility or residential care home, or [his or her] the administrator's designee, shall, [within three days, excluding Saturdays, Sundays and holidays, of] not later than five business days after receipt of the citation by the licensee, notify the commissioner if the licensee contests the citation. If the administrator fails to so notify the commissioner [within such three-day period] not later than five business days after such receipt, the citation shall be deemed a final [order] determination of the commissioner, effective upon the expiration of [said period] such five business days.
(b) If any administrator of a nursing home facility or residential care home, or [his or her] the administrator's designee, notifies the commissioner that the licensee contests the citation, the commissioner shall provide [within five days of such notice, excluding Saturdays, Sundays and holidays,] an informal conference between the licensee and the commissioner or the commissioner's designee. [If the licensee and commissioner fail to reach an agreement at such conference,] Not later than five business days after the conclusion of the informal conference, the commissioner shall notify the licensee of the commissioner's determination, which may include the decision to (1) vacate the citation, or (2) sustain the final determination for the citation with or without modifications. If the commissioner decides to sustain the final determination for the citation and the licensee disagrees with the commissioner's decision, the licensee may, not later than five business days after such decision, submit a request in writing to the commissioner for a hearing and the commissioner shall set the matter down for a hearing as a contested case in accordance with chapter 54. [, not more than five nor less than three days after such conference, with notice of the date of such hearing to the administrator not less than two days before such hearing, provided the minimum time requirements may be waived by agreement. The commissioner shall, not later than three days, excluding Saturdays, Sundays and holidays, after the conference if agreement is reached at such conference, or] The commissioner shall, after the conclusion of the hearing, issue a final order, based on findings of fact, affirming, modifying or vacating the citation in accordance with chapter 54.
Sec. 233. Subsection (a) of section 19a-526 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) When, in the case of a class A or B violation, a final order becomes effective, the citation, the order, if any, affirming or modifying the citation and the finding [shall] may be filed by the Commissioner of Public Health in the office of the clerk of the superior court for the judicial district of Hartford. Said clerk shall cause said citation, order, if any, and finding to be filed in said court. Upon such filing, the civil penalty imposed may be enforced in the same manner as a judgment of the Superior Court, provided if an appeal is taken in accordance with section 19a-529, the court or a judge thereof may, in its or his discretion, stay execution of such order.
Sec. 234. Section 19a-527 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Citations issued to nursing home facilities pursuant to section 19a-524, as amended by this act, for violations of statutory or regulatory requirements shall be classified according to the nature of the violation and shall state such classification and the amount of the civil penalty to be imposed on the face thereof. Any citations issued pursuant to this section shall be accompanied by a notice of noncompliance, in accordance with section 19a-496, that outlines the basis for such citation. The Commissioner of Public Health shall, by regulation in accordance with chapter 54, classify [violations] each of the statutory and regulatory requirements set forth in section 19a-524, as amended by this act, for which a violation may result in a citation as follows:
[(a)] (1) Class A violations are conditions that the Commissioner of Public Health determines present an immediate danger of death or serious harm to any patient in the nursing home facility. [or residential care home.] For each class A violation, a civil penalty of not more than [five] twenty thousand dollars may be imposed; and
[(b)] (2) Class B violations are conditions that the Commissioner of Public Health determines present a [probability of] potential for death or serious harm in the reasonably foreseeable future to any patient in the nursing home facility, [or residential care home,] but that he or she does not find constitute a class A violation. For each such violation, a civil penalty of not more than [three] ten thousand dollars may be imposed.
Sec. 235. (NEW) (Effective from passage) Citations issued to residential care homes pursuant to section 19a-524 of the general statutes, as amended by this act, for violations of statutory or regulatory requirements shall be classified according to the nature of the violation and shall state such classification and the amount of the civil penalty to be imposed on the face thereof. Any citations issued pursuant to this section shall be accompanied by a notice of noncompliance, in accordance with section 19a-496 of the general statutes, that outlines the basis for such citation. The Commissioner of Public Health shall, by regulation in accordance with chapter 54 of the general statutes, classify each of the statutory and regulatory requirements set forth in section 19a-524 of the general statutes, as amended by this act, for which a violation may result in a citation as follows:
(1) Class A violations are conditions that the Commissioner of Public Health determines present an immediate danger of death or serious harm to any patient in the residential care home. For each class A violation, a civil penalty of not more than five thousand dollars may be imposed; and
(2) Class B violations are conditions that the Commissioner of Public Health determines present a potential for death or serious harm in the reasonably foreseeable future to any patient in the residential care home, but that he or she does not find constitute a class A violation. For each such violation, a civil penalty of not more than three thousand dollars may be imposed.
Sec. 236. Subdivision (2) of subsection (a) of section 10-283 of the general statutes, as amended by section 82 of public act 17-237, is repealed and the following is substituted in lieu thereof (Effective from passage):
(2) The Commissioner of Education shall assign each school building project to a category on the basis of whether such project is primarily required to: (A) Create new facilities or alter existing facilities to provide for mandatory instructional programs pursuant to this chapter, for physical education facilities in compliance with Title IX of the Elementary and Secondary Education Act of 1972 where such programs or such compliance cannot be provided within existing facilities or for the correction of code violations which cannot be reasonably addressed within existing program space; (B) create new facilities or alter existing facilities to enhance mandatory instructional programs pursuant to this chapter or provide comparable facilities among schools to all students at the same grade level or levels within the school district unless such project is otherwise explicitly included in another category pursuant to this section; and (C) create new facilities or alter existing facilities to provide supportive services, provided in no event shall such supportive services include swimming pools, auditoriums, outdoor athletic facilities, tennis courts, elementary school playgrounds, site improvement or garages or storage, parking or general recreation areas. All applications submitted prior to July first shall be reviewed promptly by the Commissioner of Administrative Services. The Commissioner of Administrative Services shall estimate the amount of the grant for which such project is eligible, in accordance with the provisions of section 10-285a, provided an application for a school building project determined by the Commissioner of Education to be a project that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, shall have until September first to submit an application for such a project and may have until December first of the same year to secure and report all local and state approvals required to complete the grant application. The Commissioner of Administrative Services shall annually prepare a listing of all such eligible school building projects listed by category together with the amount of the estimated grants for such projects and shall submit the same to the Governor, the Secretary of the Office of Policy and Management and the General Assembly on or before the fifteenth day of December, except as provided in section 10-283a, with a request for authorization to enter into grant commitments. On or before December thirty-first annually, the Secretary of the Office of Policy and Management shall submit comments and recommendations regarding each eligible project on such listing of eligible school building projects to the school construction committee, established pursuant to section 10-283a. [Each such listing submitted after December 15, 2005, until December 15, 2010, inclusive, shall include a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the Commissioner of Education once, and a separate schedule of authorized projects which have changed in scope or cost to a degree determined by said commissioner twice. Any such listing submitted after December 15, 2010, until December 15, 2011, inclusive, shall include a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the Commissioner of Administrative Services once, and a separate schedule of authorized projects which have changed in scope or cost to a degree determined by said commissioner twice. For the period beginning July 1, 2011, and ending December 31, 2013, each such listing shall include a report on the review conducted by the Commissioner of Education of the enrollment projections for each such eligible project. On and after January 1, 2014, each such listing shall include a report on the review conducted by the Commissioner of Administrative Services of the enrollment projections for each such eligible project.] Each such listing shall include a report on the following factors for each eligible project: (i) An enrollment projection and the capacity of the school, (ii) a substantiation of the estimated total project costs, (iii) the readiness of such eligible project to begin construction, (iv) efforts made by the local or regional board of education to redistrict, reconfigure, merge or close schools under the jurisdiction of such board prior to submitting an application under this section, (v) enrollment and capacity information for all of the schools under the jurisdiction of such board for the five years prior to application for a school building project grant, (vi) enrollment projections and capacity information for all of the schools under the jurisdiction of such board for the eight years following the date such application is submitted, and (vii) the state's education priorities relating to reducing racial and economic isolation for the school district. For the period beginning July 1, 2006, and ending June 30, 2012, no project, other than a project for a technical education and career school, may appear on the separate schedule of authorized projects which have changed in cost more than twice. On and after July 1, 2012, no project, other than a project for a technical education and career school, may appear on the separate schedule of authorized projects which have changed in cost more than once, except the Commissioner of Administrative Services may allow a project to appear on such separate schedule of authorized projects a second time if the town or regional school district for such project can demonstrate that exigent circumstances require such project to appear a second time on such separate schedule of authorized projects. Notwithstanding any provision of this chapter, no projects which have changed in scope or cost to the degree determined by the Commissioner of Administrative Services, in consultation with the Commissioner of Education, shall be eligible for reimbursement under this chapter unless it appears on such list. The percentage determined pursuant to section 10-285a at the time a school building project on such schedule was originally authorized shall be used for purposes of the grant for such project. On and after July 1, 2006, a project that was not previously authorized as an interdistrict magnet school shall not receive a higher percentage for reimbursement than that determined pursuant to section 10-285a at the time a school building project on such schedule was originally authorized. The General Assembly shall annually authorize the Commissioner of Administrative Services to enter into grant commitments on behalf of the state in accordance with the commissioner's categorized listing for such projects as the General Assembly shall determine. The Commissioner of Administrative Services may not enter into any such grant commitments except pursuant to such legislative authorization. Any regional school district which assumes the responsibility for completion of a public school building project shall be eligible for a grant pursuant to subdivision (5) or (6), as the case may be, of subsection (a) of section 10-286 when such project is completed and accepted by such regional school district.
Sec. 237. (Effective from passage) The Commissioner of Administrative Services, having reviewed applications for state grants for public school building projects in accordance with section 10-283 of the general statutes on the basis of priorities for such projects and standards for school construction established by the State Board of Education, and having prepared a listing of all such eligible projects ranked in order of priority, including a separate schedule of previously authorized projects which have changed substantially in scope or cost, as determined by said commissioner together with the amount of the estimated grant with respect to each eligible project, and having submitted such listing of eligible projects, prior to December 15, 2016, to a committee of the General Assembly established under section 10-283a of the general statutes for the purpose of reviewing such listing, is hereby authorized to enter into grant commitments on behalf of the state in accordance with said section 10-283 with respect to the following school building projects in such estimated amounts:
(1) Estimated Grant Commitments.
School District |
Estimated |
Estimated | |
School |
Project Costs |
Grant | |
Project Number |
|||
BRANFORD |
|||
Francis Walsh Intermediate School |
|||
014-0034 EA |
$85,933,000 |
$30,385,909 | |
FAIRFIELD |
|||
Stratfield School |
|||
051-0131 A |
$36,793 |
$9,592 | |
FAIRFIELD |
|||
North Stratfield School |
|||
051-0132 A |
$41,410 |
$10,796 | |
FAIRFIELD |
|||
Riverfield School |
|||
051-0133 A |
$48,970 |
$12,766 | |
FAIRFIELD |
|||
Jennings School |
|||
051-0134 A |
$55,639 |
$14,505 | |
FAIRFIELD |
|||
Tomlinson Middle School |
|||
051-0135 A |
$46,403 |
$12,097 | |
FAIRFIELD |
|||
Fairfield Woods Middle School |
|||
051-0136 A |
$86,168 |
$22,464 | |
FAIRFIELD |
|||
Sherman School |
|||
051-0137 A |
$30,394 |
$7,708 | |
FAIRFIELD |
|||
Osborn Hill School |
|||
051-0138 A |
$72,704 |
$18,438 | |
FAIRFIELD |
|||
Dwight Elementary School |
|||
051-0139 A |
$62,275 |
$15,793 | |
FAIRFIELD |
|||
McKinley Elementary School |
|||
051-0140 A |
$69,666 |
$17,667 | |
FAIRFIELD |
|||
Mill Hill School |
|||
051-0141 A |
$87,550 |
$22,203 | |
FAIRFIELD |
|||
Burr Elementary School |
|||
051-0142 A |
$133,776 |
$33,926 | |
FAIRFIELD |
|||
Roger Ludlowe Middle School |
|||
051-0143 A |
$171,640 |
$43,528 | |
GREENWICH |
|||
New Lebanon School |
|||
057-0112 DV/N |
$37,309,000 |
$29,847,200 | |
HAMDEN |
|||
West Woods Elementary School |
|||
062-0097 N |
$26,180,000 |
$15,147,748 | |
LEDYARD |
|||
Ledyard Middle School |
|||
072-0090 RNV/EA |
$35,652,092 |
$22,410,905 | |
NEW BRITAIN |
|||
Smalley Academy |
|||
089-0168 EA/RR |
$53,000,000 |
$42,023,700 | |
NEW CANAAN |
|||
Saxe Middle School |
|||
090-0048 EA/CV |
$18,600,000 |
$3,786,960 | |
NEW LONDON |
|||
New London High School-South |
|||
Campus |
|||
095-0091 MAG/A |
$49,462,274 |
$39,569,819 | |
NORTH STONINGTON |
|||
Wheeler High School |
|||
102-0024 EA/RR |
$23,820,500 |
$10,974,104 | |
NORTH STONINGTON |
|||
North Stonington Elementary School |
|||
102-0025 EA/RR |
$14,207,500 |
$8,879,688 | |
WEST HARTFORD |
|||
Hall High School |
|||
155-0240 EA |
$12,800,000 |
$8,120,000 | |
REGIONAL DISTRICT 1 |
|||
Housatonic Valley Regional High |
|||
School |
|||
201-0045 A/CV |
$4,255,856 |
$1,930,456 | |
REGIONAL DISTRICT 12 |
|||
Shepaug Valley Regional Agriscience |
|||
STEM |
|||
212-0026 VA/N |
$29,957,408 |
$23,965,926 | |
GROTON |
|||
Cutler Elementary School (Carl C. |
|||
Cutler Middle School) |
|||
059-0188 DV/RR |
$45,850,000 |
$36,680,000 | |
GROTON |
|||
Westside Elementary School (West |
|||
Side Middle School) |
|||
059-0189 EA/RR |
$48,480,000 |
$27,876,000 | |
GROTON |
|||
Consolidated Middle School |
|||
059-0190 N/PS |
$90,090,000 |
$42,792,750 | |
HAMDEN |
|||
Shepherd Glen School |
|||
062-0098 EA/RR |
$27,665,000 |
$18,773,469 | |
KILLINGLY |
|||
Killingly High School (Vo-Ag) |
|||
069-0062 VE |
$123,000 |
$98,400 | |
LEDYARD |
|||
Gallup Hill School |
|||
072-0091 RNV/EA |
$28,612,104 |
$17,985,569 | |
MANCHESTER |
|||
Verplanck School |
|||
077-0235 EA/RR |
$29,172,000 |
$19,691,100 | |
NEWINGTON |
|||
John Wallace Middle School |
|||
094-0106 A |
$1,300,000 |
$742,820 | |
ROCKY HILL |
|||
Rocky Hill Intermediate School |
|||
119-0052 N |
$48,345,097 |