Sec. 17b-8. (Formerly Sec. 17-2k). Commissioner's application for a waiver from federal law. Legislative review of waiver application. Procedural requirements.
Sec. 17b-8. (Formerly Sec. 17-2k). Commissioner's application for a waiver
from federal law. Legislative review of waiver application. Procedural requirements. (a) The Commissioner of Social Services shall submit an application for a federal
waiver of any assistance program requirements, except such application pertaining to
routine operational issues, 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 prior to the submission of such application to the federal government. Not later than thirty days after the date of their receipt of such application, the
joint standing committees shall: (1) Hold a public hearing on the waiver application,
and (2) thereafter advise the commissioner of their approval, denial or modifications,
if any, of the commissioner's application. If the joint standing committees advise the
commissioner of their denial of the commissioner's application, the commissioner shall
not submit the application for a federal waiver to the federal government. If such committees do not concur, the committee chairpersons shall appoint a committee of conference
which shall be comprised of three members from each joint standing committee. At
least one member appointed from each joint standing committee shall be a member of
the minority party. The report of the committee of conference shall be made to each
joint standing committee, which shall vote to accept or reject the report. The report of
the committee of conference may not be amended. If a joint standing committee rejects
the report of the committee of conference, that joint standing committee shall notify
the commissioner of the rejection and the commissioner's application shall be deemed
approved. If the joint standing committees accept the report, the committee having cognizance of matters relating to appropriations and the budgets of state agencies shall
advise the commissioner of their approval, denial or modifications, if any, of the commissioner's application. If the joint standing committees do not so advise the commissioner during the thirty-day period, the application shall be deemed approved. Any
application for a federal waiver submitted by the commissioner, pursuant to this section,
shall be in accordance with the approval or modifications, if any, of the joint standing
committees of the General Assembly having cognizance of matters relating to human
services and appropriations and the budgets of state agencies.
(b) If in developing the budget for the department for the next fiscal year, the commissioner contemplates applying for a federal waiver, the commissioner shall 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 the
possibility of such application.
(c) Prior to submission of an application for a waiver from federal law to the General
Assembly under subsection (a) of this section, the Commissioner of Social Services
shall publish a notice that the commissioner intends to seek such a waiver in the Connecticut Law Journal, along with a summary of the provisions of the waiver application and
the manner in which individuals may submit comments. The commissioner shall allow
fifteen days for written comments on the waiver application prior to submission of the
application for a waiver to the General Assembly under subsection (a) of this section
and shall include all written comments with the waiver application in the submission
to the General Assembly.
(d) The commissioner shall include with any waiver application submitted to the
federal government pursuant to this section: (1) Any written comments received pursuant to subsection (c) of this section; and (2) a complete transcript of the joint standing
committee proceedings held pursuant to subsection (a) of this section, including any
additional written comments submitted to the joint standing committees at such proceedings. The joint standing committees shall transmit any such materials to the commissioner for inclusion with any such waiver application.
(P.A. 85-505, S. 1, 21; P.A. 93-221, S. 2; 93-262, S. 1, 87; 93-435, S. 59, 95; June Sp. Sess. P.A. 00-2, S. 13, 53; P.A.
07-83, S. 1.)
History: P.A. 93-221 amended Subsec. (a) by reducing the amount of time the appropriations and human services
committees have to advise the commissioner from 30 to 15 days and made such advice voluntary, and deleting provisions
re decisions by conference committee and added Subsec. (c) requiring the commissioner of income maintenance to publish
notice of the waiver along with a summary of its provisions and to seek public written comments prior to its submission
to the general assembly; P.A. 93-262 and 93-435 authorized substitution of commissioner and department of social services
for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-2k transferred to Sec. 17b-8 in
1995; June Sp. Sess. P.A. 00-2 amended Subsec. (a) to increase the amount of time the appropriations and human services
committees have to advise the commissioner from 15 to 30 days, effective July 1, 2000; P.A. 07-83 amended Subsec. (a)
by making technical changes, requiring joint standing committees having cognizance of matters re human services and
appropriations to hold public hearing on commissioner's waiver application, substituting "shall" for "may" re committees'
responsibility to advise commissioner of their approval, denial or modifications, if any, of the waiver application, establishing committee procedures re advising commissioner, including establishment of committee of conference when joint
standing committees do not act in concurrence, and requiring that commissioner's waiver application be submitted in
accordance with approval or modifications, if any, of committees, amended Subsec. (b) by making a technical change,
and added Subsec. (d) re items required to be included with waiver application, effective July 1, 2007.