SB 991 — AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES.

General Assembly   RaisedSubstitute Bill No.

991 January Session, 2017   LCO*_____SB00991GAE___032817____* No.AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES.

4350   *04350_______GAE* Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS   Introduced by:

  (GAE)   AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES.

SectionSubsection (j) of section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) There is established a State Marshal Commission which shall consist of eight members appointed as follows:

(1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court;

(2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member;

and (3) the Governor shall appoint one member who shall serve as chairperson.

Of the seven members appointed pursuant to subdivisions (2) and (3) of this subsection, no more than four of such members may be members of any state bar.

No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 6-38c shall serve as ex-officio, nonvoting members of the commission.

(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years.

(c) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section.

(d) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.

(e) The commission, in consultation with the State Marshals Advisory Board, shall adopt regulations in accordance with the provisions of chapter 54 to establish professional standards, including training requirements and minimum fees for execution and service of process.

(f) The commission shall be responsible for the equitable assignment of service of restraining orders to the state marshals in each county and shall adopt policies to ensure that such restraining orders are served expeditiously.

Failure of any state marshal to accept for service any restraining order assigned by the commission or to serve such restraining order expeditiously without good cause shall be sufficient for the convening of a hearing for removal under subsection (i) of this section.

(g) Any vacancy in the position of state marshal in any county as provided in section 6-38 shall be filled by the commission with an applicant who shall be an elector in the county where such vacancy occurs.

Any applicant for such vacancy shall be subject to the application and investigation requirements of the commission.

(h) Except as provided in section 6-38f, no person may be a state marshal and a state employee at the same time.

This subsection does not apply to any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000.

(i) No state marshal may be removed except by order of the commission for cause after due notice and hearing.

(1) [TheThe provision of timely]timely, Timely, consistent and reliable access to a state marshal for persons applying for a restraining order under section 46b-15;

(2) the [provisionprovision of] distribution of information to state marshals concerning services to (A) persons with limited English proficiency;

[(3)(3) the provision of services to]to and (B) persons who are deaf or hearing impaired;

and [(4)](4) (3) service of process that is a photographic copy, micrographic copy or other electronic image of an original document that clearly and accurately copies such original document.

(k) The commission shall be within the Department of Administrative Services, provided the commission shall have independent decision-making authority.

Subsections (e)(f) to (h), inclusive, of section 4b-21 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(e) After receiving notification from the secretary that such land, improvement or interest may be treated as surplus, the Commissioner of Administrative Services shall offer to convey such land, improvement or interest to the municipality in which the land, improvement or interest is located, including, but not limited to, by selling, leasing, exchanging or entering into agreements concerning such land, improvement or interest, provided (1) prior to such conveyance, the municipality by vote of its legislative body accepts such conveyance, and (2) a resolution of such municipal action, verified by the clerk of the municipality, is delivered to the Commissioner of Administrative Services not more than [one hundred twenty] ninety days after receiving notice from the commissioner regarding the proposed conveyance.

If the municipality fails to deliver such resolution to the commissioner within such [one-hundred-twenty-day] ninety-day period, the municipality shall be deemed to have declined the proposed conveyance, provided the commissioner may extend the [one-hundred-twenty-day] ninety-day period deadline by not more than an additional [sixty] thirty days.

The municipality shall waive all rights to purchase the land, improvement, interest or part thereof if the municipality declines or is deemed to have declined the conveyance of such land, improvement, interest or part thereof.

(g) Prior to selling, exchanging or leasing, or otherwise entering into agreements concerning such property, the commissioner shall notify (1) the municipality or municipalities in which such land, improvement or interest is located, (2) the members of the General Assembly representing such municipality or municipalities, (3) the regional planning organization,organization as defined in section 4-124i, of the region where the land, improvement or interest is located, (4) the Connecticut Economic Resource Center, and (5) any potential developer of an incentive housing development, as defined in section 8-13m, who has registered with the Commissioner of Housing to be notified of any such state surplus land.

In the case of a proposed lease of land, an improvement to land or an interest in land, or any part thereof, with a person, firm or corporation in the private sector, for a term of six months or more, the Commissioner of Administrative Services shall comply with such notice requirement by notifying in writing the chief executive officer of the municipality or municipalities in which the land, improvement or interest is located and the members of the General Assembly representing any such municipality, not less than two weeks before seeking the [approval of said secretary, board and committees,] approvals required under subsection (h) of this section concerning the proposed lease and the manner in which the lessee proposes to use the land, improvement or interest.

If a proposed agreement for such a conveyance has not been submitted to the State Properties Review Board pursuant to subsection (h) of this section within one year after the Commissioner of Administrative Services provides the notice to any such municipality and such members of the General Assembly, or if the board does not approve the proposed agreement within two years after such notice, the Commissioner of Administrative Services may not convey such land, improvement or interest without again so notifying any such municipality and such members of the General Assembly.

Section 4b-22a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes, [to the contrary,] the Commissioner of Administrative Services may (1) grant easements with respect to land owned by the state to a public service company, as defined in section 16-1, the owner of a district heating and cooling system, or a municipal water or sewer authority, [in connection with a Department of Administrative Services project,] subject to the approval of the Secretary of the Office of Policy and Management, the agency having supervision of the care and control of such land and the State Properties Review Board, and (2) acquire easements with respect to land not owned by the state in connection with a Department of Administrative Services project, subject to the approval of the State Properties Review Board.

No easement granted under subdivision (1) of this section shall be for the disposal or storage of radioactive or hazardous waste materials.

The commissioner shall provide notice of any easement granted under said subdivision [(1)] to the chief executive official of the municipality, and the members of the General Assembly representing the municipality, in which the land is located.

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