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Connecticut Laws | Title 2c Review And Termination Of Governmental Entities And Programs
CHAPTER 28 CONNECTICUT SUNSET LAW
Sec. 2c-5. Committee to hold hearing prior to termination or reestablishment of governmental entity.

Sec. 2c-5. Committee to hold hearing prior to termination or reestablishment of governmental entity. (124)(Text)

Prior to the termination, modification, consolidation or reestablishment of any governmental entity or program, the joint standing committee of the General Assembly having cognizance of matters relating to government administration, organization and reorganization shall hold a public hearing, receiving testimony from the public and the governmental entity involved. (125)

Sec. 2c-6. Governmental entity to demonstrate public need. Recommendations by committee. (126)(Text)

Each governmental entity enumerated in section 2c-2b shall have the burden of demonstrating a public need for the reestablishment of the entity or program. Each such entity shall also have the burden of demonstrating that it has served the public interest and not merely the interests of the persons regulated. The joint standing committee of the General Assembly having cognizance of matters relating to government administration, organization and reorganization may recommend to the General Assembly that the governmental entity or program be modified, consolidated with another entity or program or reestablished. (127)

Sec. 2c-7. Criteria for determining public need. (128)(Text)

In determining whether there is a public need for the continued existence of an entity or program, the General Assembly shall consider, among other things: (129)

(a) Whether termination of the entity or program would significantly endanger the public health, safety or welfare; (130)

(b) Whether the public could be adequately protected by another statute, entity or program, or by a less restrictive method of regulation; (131)

(c) Whether the governmental entity or program produces any direct or indirect increase in the cost of goods or services, and if it does, whether the public benefits attributable to the entity or program outweigh the public burden of the increase in cost, and (132)

(d) Whether the effective operation of the governmental entity or program is impeded by existing statutes, regulations or policies, including budgetary and personnel policies. (133)

Sec. 2c-8. Criteria for determining whether a regulatory entity or program has served the general public. (134)(Text)

In determining whether a regulatory entity or program has served the general public, and not merely the persons regulated, the General Assembly shall consider, among other things: (135)

(a) The extent to which qualified applicants have been permitted to engage in any profession, occupation, trade or activity regulated by the entity or program; (136)

(b) The extent to which the governmental entity involved has complied with federal and state affirmative action requirements; (137)

(c) The extent to which the governmental entity involved has recommended statutory changes which would benefit the public as opposed to the persons regulated; (138)

(d) The extent to which the governmental entity involved has encouraged public participation in the formulation of its regulations and policies, and (139)

(e) The manner in which the governmental entity involved has processed and resolved public complaints concerning persons subject to regulation. (140)

Sec. 2c-9. Terminated entity or program to continue for one year for purpose of concluding its affairs. (141)(Text)

Upon termination, a governmental entity or program listed in section 2c-2b shall continue in existence for one year for the purpose of concluding its affairs. During the one-year period, termination shall not reduce the powers or authority of the entity or program. Upon the expiration of the one-year period, the entity or program shall cease all activities; all regulations promulgated by the entity or pursuant to the program shall cease to exist, and all unexpended balances of appropriations or other funds shall revert to the fund from which they were appropriated, or if that fund is abolished, to the General Fund. (142)

Sec. 2c-10. Reestablishment of entity or program by General Assembly. (143)(Text)

Any governmental entity or program scheduled for termination under section 2c-2b may be reestablished by the General Assembly for periods not to exceed five years, at the end of which the entity or program shall again be subject to review under the provisions of sections 2c-1 to 2c-12, inclusive. Any such reenactment may provide for the consolidation of governmental entities or programs or for the transfer of governmental functions from one entity or program to another. (144)

Sec. 2c-11. Termination of entity not to affect any claim, right or cause of action. (145)(Text)

Termination of a governmental entity or program shall not affect any claim, right or cause of action by or against the entity or program. Any such claim, right or cause of action pending on the date the entity or program is terminated, or instituted thereafter, shall be prosecuted or defended in the name of the state by the Attorney General. (146)

Sec. 2c-12. Early termination of entity or program, other legislation, not prohibited. (147)(Text)

Nothing in this section or in sections 2c-1 to 2c-11, inclusive, shall prohibit the General Assembly from terminating a governmental entity or program prior to the termination date established in section 2c-2b or from considering any other legislation concerning any such entity or program. (148)

Secs. 2c-13 to 2c-20. (149)(Text)

Reserved for future use. (150)

CHAPTER 28a TERMINATIONS (151)(Text)

Sec. 2c-21. Repeal of laws creating reporting bodies. (152)(Text)

Unless otherwise provided by law, a provision of the general statutes or of a special act which creates, empowers or establishes a board, commission, council, authority, task force or other body on or after January 4, 1995, the primary purpose of which body is to submit a report, findings or recommendations, shall be deemed to be repealed one hundred and twenty days after the date on which such body is required to submit its report, findings or recommendations. (153)

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