General Assembly		Raised Bill No. 7000
January Session, 2015		LCO No. 5087
		*05087_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT CONCERNING GOVERNMENT ADMINISTRATION.

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

Section 1. Section 3-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) The Attorney General shall appoint a deputy, who shall be sworn to the faithful discharge of his duties and shall perform all the duties of the Attorney General in case of his sickness or absence. He shall appoint such other assistants as he deems necessary, subject to the approval of the Governor. The Attorney General may also appoint not more than four associate attorneys general who will serve at the pleasure of the Attorney General and will be exempt from the classified service.

(b) The Attorney General shall have general supervision over all legal matters in which the state is an interested party, except those legal matters over which prosecuting officers have direction. He shall appear for the state, the Governor, the Lieutenant Governor, the Secretary, the Treasurer and the Comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, committees, auditors, chemists, directors, harbor masters, and institutions and for the State Librarian in all suits and other civil proceedings, except upon criminal recognizances and bail bonds, in which the state is a party or is interested, or in which the official acts and doings of said officers are called in question, and for all members of the state House of Representatives and the state Senate in all suits and other civil proceedings brought against them involving their official acts and doings in the discharge of their duties as legislators, in any court or other tribunal, as the duties of his office require; and all such suits shall be conducted by him or under his direction. All legal services required by such officers and boards in matters relating to their official duties shall be performed by the Attorney General or under his direction. All writs, summonses or other processes served upon such officers and legislators shall, forthwith, be transmitted by them to the Attorney General. All suits or other proceedings by such officers shall be brought by the Attorney General or under the direction of the Attorney General.

(c) When any measure affecting the State Treasury is pending before any committee of the General Assembly, such committee shall give him reasonable notice of the pendency of such measure, and he shall appear and take such action as he deems to be for the best interests of the state, and he shall represent the public interest in the protection of any gifts, legacies or devises intended for public or charitable purposes. [All legal services required by such officers and boards in matters relating to their official duties shall be performed by the Attorney General or under his direction. All writs, summonses or other processes served upon such officers and legislators shall, forthwith, be transmitted by them to the Attorney General. All suits or other proceedings by such officers shall be brought by the Attorney General or under his direction.]

(d) [He] The Attorney General shall, when required by either house of the General Assembly or when requested by the president pro tempore of the Senate, the speaker of the House of Representatives, or the majority leader or the minority leader of the Senate or House of Representatives, give his opinion upon questions of law submitted to him by either of said houses or any of said leaders. He shall advise or give his opinion to the head of any executive department or any state board or commission upon any question of law submitted to him. The Attorney General shall give an opinion when requested by a business in the state that has a bona fide dispute with a state agency concerning the application of a regulation of such agency. For purposes of this subsection, "agency" and "regulation" have the same meanings as provided in section 4-166. He may procure such assistance as he may require. The Attorney General shall prepare a topical and chronological cross-index of all legal opinions issued by the office of the Attorney General and shall, from time to time, update the same.

(e) Whenever a trustee, under the provisions of any charitable trust described in section 45a-514, is required by statute to give a bond for the performance of his duties as trustee, the Attorney General may cause a petition to be lodged with the probate court of the district in which such trust property is situated, or where any of the trustees reside, for the fixing, accepting and approving of a bond to the state, conditioned for the proper discharge of the duties of such trust, which bond shall be filed in the office of such probate court. [The Attorney General shall prepare a topical and chronological cross-index of all legal opinions issued by the office of the Attorney General and shall, from time to time, update the same.]

Sec. 2. Section 5-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

The Commissioner of Administrative Services shall specify, at the time any candidate list is promulgated, the period during which such list shall remain in force. In no case shall a candidate list remain in force for a period of less than three months or more than one year, [provided] except (1) such period may be extended not more than [one year] two years by the commissioner as appropriate based upon the needs of the state, [except that extensions concerning] and (2) candidate lists for continuous recruitment examinations shall be based on the needs of the service.

Sec. 3. Subsection (b) of section 5-219 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(b) The commissioner may charge any person not employed by the state a reasonable fee for taking an examination, provided such fee shall not exceed the cost of developing and administering such examination. The commissioner may waive any such fee for any person who applies, in the form and manner prescribed by the commissioner, for a waiver of such fee and demonstrates that he or she is financially unable to pay such fee. [The] Before charging any fees authorized by this subsection, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to [carry out the purposes of this subsection] establish reasonable fees.

Sec. 4. Section 5-227b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(a) Examinations for positions may be waived by the Commissioner of Administrative Services under any of the following conditions: (1) Where the possession of a professional license, degree or satisfactory completion of an accreditation, certificate or licensure program is a mandatory requirement for appointment or promotion to a position in state service; (2) where the appointment or promotion to a job classification that is utilized by a single state agency is limited in number and has few vacancies in the professional or managerial series; (3) when the qualifications for a position within the managerial class are so specialized or unique that an examination for a general job classification would not result in a list of candidates possessing such qualifications and would not be cost effective; or (4) when the number of applicants meeting the minimum qualifications for admission to an announced promotional examination is five or less.

(b) If the commissioner has granted a waiver of examination in accordance with subsection (a) of this section, the commissioner may delegate to a department head the authority to recruit for such position, provided no delegation plan shall be required for a waiver of examination granted pursuant to subdivision (1) of subsection (a) of this section. [A] For waivers of examination granted pursuant to subdivisions (2) to (4), inclusive, of subsection (a) of this section, the department head shall submit a delegation plan to the commissioner, and the commissioner may grant a full or partial delegation [may be granted] to the department head. [under a] The department head shall obtain the commissioner's approval of the delegation plan [that shall be approved in advance by the commissioner] prior to undertaking any recruitment efforts. Any such delegation plan shall (1) include standards for the posting of positions with a minimum time period of not less than one week; (2) specify the manner in which such notice shall be posted; and (3) specify the procedures for accepting and rejecting applicants based upon the minimum required qualifications. Where the department head has identified a candidate suitable for appointment and prior to making a formal or informal offer of employment, such department head shall submit the application, any supporting documentation for such candidate and the applications of such additional candidates such department head deems eligible for appointment to the commissioner for certification that such preferred candidate has met the minimum qualifications of experience and training as set forth in the job specification. Once written certification is granted, the department head may make an offer of employment to the candidate certified by the commissioner.

(c) [All] Any recruitments performed by a department head pursuant to this section [shall] may be subject to post audit by the commissioner.

Sec. 5. Subsection (b) of section 31-284a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(b) The Commissioner of Administrative Services may exclude from participation in the state workers' compensation managed care program any medical provider found, through a systematic program of utilization review, to exceed generally accepted standards of the scope, duration or intensity of services rendered to patients with similar diagnostic characteristics. [The state shall not make any payment to a facility owned in whole or in part by the referring practitioner.]

Sec. 6. Section 1-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

When any person [,] is required to take an oath, [from scruples of conscience declines to take it in the usual form or when the court is satisfied that any person called as a witness does not believe in the existence of a Supreme Being, a solemn affirmation may be administered to him in the form of the oath prescribed, except that instead of the word "swear"] the words ["solemnly and sincerely affirm and declare"] "solemnly swear" or "sincerely affirm and declare", as the case may be, shall be used and [instead of] the oath shall conclude with the words "so help you God" [the words] or "upon the pains and penalties of perjury or false statement" as the case may be. [shall be used.]

Sec. 7. Section 1-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

The forms of oaths shall be as follows, to wit:

FOR MEMBERS OF THE GENERAL ASSEMBLY, EXECUTIVE

AND JUDICIAL OFFICERS.

You do solemnly swear (or affirm, as the case may be) that you will support the Constitution of the United States, and the Constitution of the state of Connecticut, so long as you continue a citizen thereof; and that you will faithfully discharge, according to law, the duties of the office of .... to the best of your abilities; so help you God.

FOR NOTARIES PUBLIC.

You do solemnly swear (or sincerely affirm and declare, as the case may be) that you will support the Constitution of the United States, and the Constitution of the state of Connecticut; and that you will faithfully discharge, according to law, the duties of the office of notary public to the best of your abilities; so help you God (or upon the pains and penalties of perjury or false statement).

FOR ELECTORS.

You solemnly swear (or sincerely affirm and declare, as the case may be) that you will be true and faithful to the constitutions and governments of the State of Connecticut and the United States of America; that the statements made in your application for admission as an elector are true and complete; and that your privileges as an elector are not forfeited by reason of conviction of a felony; so help you God (or upon the pains and penalties of perjury or false statement).

FOR ATTORNEYS.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you will do nothing dishonest, and will not knowingly allow anything dishonest to be done in court, and that you will inform the court of any dishonesty of which you have knowledge; that you will not knowingly maintain or assist in maintaining any cause of action that is false or unlawful; that you will not obstruct any cause of action for personal gain or malice; but that you will exercise the office of attorney, in any court in which you may practice, according to the best of your learning and judgment, faithfully, to both your client and the court; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR PETIT JURORS IN CRIMINAL CAUSES.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you will, without respect of any persons or favor of any person, decide this case between the state of Connecticut and the defendant (or defendants) based on the evidence given in court and on the laws of this state, as explained by the judge; that you will not talk to each other about this case until instructed to do so; that you will listen to and consider what the other jurors have to say in deliberations about this case; that you will not speak to anyone else, or allow anyone else to speak to you, about this case until you have been discharged by the court; and that when you reach a decision, you will not disclose the decision until it is announced in court; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR ALTERNATE JURORS IN CRIMINAL CAUSES.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that, if you become a member of the jury for this case, you will, without respect of any persons or favor of any person, decide this case between the state of Connecticut and the defendant (or defendants) based on the evidence given in court and on the laws of this state, as explained by the judge; that you will not talk to each other about this case until instructed to do so; that you will listen to and consider what the other jurors have to say in deliberations about this case; that you will not speak to anyone else, or allow anyone else to speak to you about this case until you have been discharged by the court; and that when you reach a decision, you will not disclose the decision until it is announced in court; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR JURORS IN CIVIL CAUSES.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you will decide this case between the plaintiff and the defendant (or plaintiffs and defendants) based on the evidence given in court and on the laws of this state as explained by the judge; that you will not talk to each other about this case until instructed to do so; that you will listen to and consider what the other jurors have to say in deliberations about this case; that you will not speak to anyone else, or allow anyone else to speak to you, about this case; and that when you reach a decision, you will not disclose the decision until it is announced in court; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR ALTERNATE JURORS IN CIVIL CAUSES.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that, if you become a member of the jury for this case, you will decide this case between the plaintiff and the defendant (or plaintiffs and defendants) based on the evidence given in court and on the laws of this state as explained by the judge; that you will not talk to each other about this case until instructed to do so; that you will listen to and consider what the other jurors have to say in deliberations about this case; that you will not speak to anyone else, or allow anyone else to speak to you, about this case; and that when you reach a decision, you will not disclose the decision until it is announced in court; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

VOIR DIRE.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you will answer truthfully all questions that you are asked, none of which will be about the merits of the case for which the jury is being selected; so help you God (or upon the pains and [penalty] penalties of perjury or false statement.

FOR WITNESSES.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that the evidence you shall give concerning this case shall be the truth, the whole truth and nothing but the truth; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR INVESTIGATORY GRAND JURY WITNESSES.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that the evidence you shall give concerning this investigation into the commission of a crime or crimes, shall be the truth, the whole truth and nothing but the truth; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR WITNESSES TWELVE YEARS OF AGE OR YOUNGER.

You promise that you will tell the truth.

FOR AN INTERPRETER IN A CRIMINAL CASE.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you will interpret accurately the information (or indictment) that charges the accused with a crime and all questions that the accused may be asked under the direction of the court in a language the accused can understand and speak; that you will interpret accurately the pleas of the accused to the information (or indictment) and the answers of the accused to the court (or to the court and jury) in English; and that you will make all interpretations to the best of your skill and judgment; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR AN INTERPRETER IN COURT.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you will interpret accurately the oath to be administered to the witness and all questions that the witness may be asked under direction of the court in a language the witness can understand and speak; that you will interpret accurately the answers of the witness to the court (or to the court and jury) in English; and that you will make all interpretations to the best of your skill and judgment; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR AN INTERPRETER FOR A DEAF

OR HEARING IMPAIRED JUROR.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you will interpret accurately to a deaf or hearing impaired juror the juror orientation program, any oath to be administered to the juror, all testimony and other relevant conversation, and all questions that the juror may be asked under the direction of the court; that you will interpret accurately the answers of the juror to the court in English; that you will not participate in any manner in the deliberations of the jury other than making an accurate interpretation of the remarks of the jurors during deliberations; that you will make all interpretations to the best of your skill and judgment; and that you will not communicate with anyone outside the jury concerning the business or matters before the jury; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR ASSESSORS, TO SUBSCRIBE UPON ABSTRACT.

I, ...., assessor of the town of ...., do solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that I believe that all the lists, and the abstract of said town for the year 20.., are made up and perfected according to law; so help me God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR PLAINTIFF, WHEN INDIFFERENT PERSON IS

AUTHORIZED TO SERVE WRIT.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you believe the plaintiff is (or plaintiffs are) in danger of losing the debt (damage or other thing) in this writ, unless an indifferent person is authorized to immediately serve this writ; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

FOR MEMBERS OF A COURT-MARTIAL.

You solemnly swear (or sincerely affirm and declare, as the case may be) that you will truly try and determine, according to the evidence given in court, the matters depending between this state and the officer (or officers) now to be tried; that you will not divulge the sentence of the court until the same shall have been approved or disapproved, according to law; neither will you, at any time, disclose the vote or opinion of any member of the court, unless required by due course of law; so help you God (or upon the pains and penalties of perjury or false statement).

FOR THE JUDGE-ADVOCATE OF A COURT-MARTIAL.

You solemnly swear (or sincerely affirm and declare, as the case may be) that you will not, at any time whatever, disclose the vote or opinion of any member of any court-martial in which you may be called to act, unless required by due course of law, nor divulge the sentence of any such court, unless the same shall have been approved or disapproved, according to law; and that you will faithfully and impartially do the duty of judge-advocate, according to your best ability; so help you God (or upon the pains and penalties of perjury or false statement).

FOR OFFICIALS APPOINTED TO SERVE IN ANY POLLING

PLACE IN ANY ELECTION OR PRIMARY.

You solemnly swear ( or sincerely affirm and declare, as the case may be) that you will faithfully discharge, according to law, your duties as ...., to the best of your ability; and that you will serve in this election or primary as the case may be, as an official, completely impartial with respect to any candidate or any political party; so help you God (or upon the pains and penalties of perjury or false statement).

FOR ALL OTHER PERSONS OF WHOM AN OATH IS REQUIRED.

You solemnly swear (or [solemnly and] sincerely affirm and declare, as the case may be) [,] that you will faithfully discharge, according to law, your duties as .... to the best of your abilities; so help you God (or upon the pains and [penalty] penalties of perjury or false statement).

Sec. 8. Section 28-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

No person shall be employed or associated in any capacity in any civil preparedness organization established under this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or of this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for civil preparedness shall, before entering upon his duties, and annually thereafter, take an oath orally before a local civil preparedness officer or officers empowered by the commissioner to enlist volunteers, which oath shall be substantially as follows: "I, ...., do solemnly swear (or sincerely affirm and declare) that I will support and defend the Constitution of the United States and the Constitution of the state of Connecticut, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter." Each local civil preparedness officer shall provide to the department a roster of sworn volunteer civil preparedness force members on or before the fifteenth of August each year.

Sec. 9. Subdivision (7) of section 3-94a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(7) "Oath" or "affirmation" means a notarial act or part thereof in which a notary public certifies that a person has made a vow in the presence of the notary public on penalty of perjury. In the case of an oath, the vow shall [include reference to a Supreme Being unless an affirmation is administered as provided] conform with the wording prescribed by [section] sections 1-23, as amended by this act, and 1-24, as amended by this act.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2015	3-125
Sec. 2	July 1, 2015	5-217
Sec. 3	July 1, 2015	5-219(b)
Sec. 4	July 1, 2015	5-227b
Sec. 5	July 1, 2015	31-284a(b)
Sec. 6	July 1, 2015	1-23
Sec. 7	July 1, 2015	1-25
Sec. 8	July 1, 2015	28-12
Sec. 9	July 1, 2015	3-94a(7)

Statement of Purpose:

To require the attorney general to issue opinions when requested by businesses who have a dispute with state agencies regarding regulations, to make changes to the State Personnel Act, including to permit the extension of candidate lists for two years and to clarify when an agency delegation plan is required, to delete a prohibition for certain payments to referring providers under the Workers' Compensation program and to modify the form of required oaths and affirmations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]