Sec. 4b-3. (Formerly Sec. 4-26a). State Properties Review Board established. Commissioner of Public Works' powers in state realty transactions. Review by board of transactions and contracts. Acqui
Sec. 4b-3. (Formerly Sec. 4-26a). State Properties Review Board established.
Commissioner of Public Works' powers in state realty transactions. Review by
board of transactions and contracts. Acquisition of development rights subject to
approval of board. Appeals. (a) There is established a State Properties Review Board
which shall consist of six members appointed as follows: The speaker of the House and
president pro tempore of the Senate shall jointly appoint three members, one of whom
shall be experienced in matters relating to architecture, one experienced in building
construction matters and one in matters relating to engineering; and the minority leader
of the House and the minority leader of the Senate shall jointly appoint three members,
one of whom shall be experienced in matters relating to the purchase, sale and lease
of real estate and buildings, one experienced in business matters generally and one
experienced in the management and operation of state institutions. No more than three
of said six members shall be of the same political party. One of the members first appointed by the speaker and the president pro tempore shall serve a two-year term, one
shall serve a three-year term and one shall serve a four-year term. One of the members
first appointed by the minority leaders of the House and Senate shall serve a two-year
term, one shall serve a three-year term and one shall serve a four-year term. All appointments of members to replace those whose terms expire shall be for a term of four years
and until their successors have been appointed and qualified. If any vacancy occurs on
the board, the appointing authorities 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 hereof.
(b) The chairman of the board shall be compensated two hundred dollars per diem
up to a maximum of thirty thousand dollars annually. Other members of the board shall
be compensated two hundred dollars per diem up to a maximum of twenty-five thousand
dollars annually. The members of the board shall choose their own chairman. No person
shall serve on this board who holds another state or municipal governmental position
and no person on the board shall be directly involved in any enterprise which does
business with the state or directly or indirectly involved in any enterprise concerned
with real estate acquisition or development.
(c) The board may adopt such rules as it deems necessary for the conduct of its
internal affairs, in accordance with section 4-167, and may employ a secretary, a clerk,
and within its budget, such employees as it shall deem necessary.
(d) Notwithstanding any other statute or special act to the contrary, the Commissioner of Public Works shall be the sole person authorized to represent the state in its
dealings with third parties for the acquisition, construction, development or leasing of
real estate for housing the offices or equipment of all agencies of the state or for the
state-owned public buildings or realty hereinafter provided for in sections 2-90, 4b-1
to 4b-5, inclusive, 4b-21, 4b-23, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, subsection (c)
of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-71, 4b-72, 10-95, 10a-72,
10a-89, 10a-90, 10a-114, 10a-130, 10a-144, 17b-655, 22-64, 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d and 51-27f, except that the Joint Committee on Legislative
Management may represent the state in the planning and construction of the Legislative
Office Building and related facilities, in Hartford; the Chief Court Administrator may
represent the state in providing for space for the Court Support Services Division as
part of a contract for an alternative incarceration program pursuant to section 54-103b;
the board of trustees of a constituent unit of the state system of higher education may
represent the state in the leasing of real estate for housing the offices or equipment of
such constituent unit, provided no lease payments for such realty are made with funds
generated from the general revenues of the state; the Labor Commissioner may represent
the state in the leasing of premises required for employment security operations as
provided in subsection (c) of section 31-250; the Commissioner of Developmental Services may represent the state in the leasing of residential property as part of the program
developed pursuant to subsection (b) of section 17a-218, provided such residential property does not exceed two thousand five hundred square feet, for the community placement of persons eligible to receive residential services from the department; and the
Connecticut Marketing Authority may represent the state in the leasing of land or markets under the control of the Connecticut Marketing Authority, and, except for the housing of offices or equipment in connection with the initial acquisition of an existing state
mass transit system or the leasing of land by the Connecticut Marketing Authority for
a term of one year or more in which cases the actions of the Department of Transportation
and the Connecticut Marketing Authority shall be subject to the review and approval
of the State Properties Review Board. The Commissioner of Public Works shall have
the power to establish and implement any procedures necessary for the commissioner
to assume the commissioner's responsibilities as said sole bargaining agent for state
realty acquisitions and shall perform the duties necessary to carry out such procedures.
The Commissioner of Public Works may appoint, within the commissioner's budget
and subject to the provisions of chapter 67, such personnel deemed necessary by the
commissioner to carry out the provisions hereof, including experts in real estate, construction operations, financing, banking, contracting, architecture and engineering. The
Attorney General's office, at the request of the commissioner, shall assist the commissioner in contract negotiations regarding the purchase, lease or construction of real
estate.
(e) The State Properties Review Board shall be an independent body within the
Executive Department.
(f) The State Properties Review Board shall review real estate acquisitions, sales,
leases and subleases proposed by the Commissioner of Public Works, the acquisition,
other than by condemnation, or the sale or lease of any property by the Commissioner
of Transportation under subdivision (12) of section 13b-4, subject to section 4b-23 and
subsection (h) of section 13a-73 and review, for approval or disapproval, any contract
for a project described in subsection (h) of section 4b-91. Such review shall consider
all aspects of the proposed actions, including feasibility and method of acquisition and
the prudence of the business method proposed. The board shall also cooperate with
and advise and assist the Commissioner of Public Works and the Commissioner of
Transportation in carrying out their duties. The board shall have access to all information,
files and records, including financial records, of the Commissioner of Public Works and
the Commissioner of Transportation, and shall, when necessary, be entitled to the use
of personnel employed by said commissioners. The board shall approve or disapprove
any acquisition of development rights of agricultural land by the Commissioner of Agriculture under section 22-26cc. The board shall hear any appeal under section 8-273a
and shall render a final decision on the appeal within thirty days thereafter. The written
decision of the board shall be a final decision for the purposes of sections 4-180 and
4-183.
(P.A. 75-425, S. 1, 57; P.A. 76-116, S. 2; 76-253, S. 1, 6; P.A. 77-614, S. 73, 610; P.A. 80-349, S. 3, 5; P.A. 81-384,
S. 9, 13; 81-421, S. 4, 9; P.A. 82-446, S. 1, 4; P.A. 83-570, S. 2, 17; P.A. 84-98, S. 1; P.A. 85-301, S. 7, 13; 85-567, S. 4,
6; 85-613, S. 84, 154; P.A. 87-496, S. 20, 110; P.A. 88-28, S. 5, 8; P.A. 89-260, S. 3, 41; P.A. 91-124, S. 1; 91-174, S. 2,
16; 91-256, S. 9, 69; P.A. 92-154, S. 3, 23; P.A. 93-262, S. 75, 87; 93-293, S. 5, 11; P.A. 97-247, S. 2, 27; P.A. 98-235,
S. 9, 10; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-141, S. 8; 04-189, S. 1; P.A. 06-152, S. 1; P.A. 07-73, S. 2(b); 07-141, S. 19.)
History: P.A. 76-116 conditionally exempted labor commissioner from provisions of Subsec. (d) regarding real estate
acquisition, construction or leasing; P.A. 76-253 conditionally exempted transportation department from provisions of
Subsec. (d) regarding real estate, made attorney general's participation in contract negotiations under Subsec. (d) conditional
upon commissioner's request and made state properties review board an independent body; P.A. 77-614 replaced public
works commissioner with commissioner of administrative services; P.A. 80-349 gave properties review board power to
approve or disapprove agriculture department's acquisition of development rights of agricultural land; P.A. 81-384 removed
reference to Sec. 32-23e from Subsec. (d); P.A. 81-421 amended Subsec. (d) by deleting some references to sections dealing
with matters transferred to the jurisdiction of the commissioner of transportation; P.A. 82-446 required the state properties
review board to review certain acquisitions and contracts by the department of transportation; P.A. 83-570 amended section
to make reference to exemption for certain acquisitions and settlements by department of transportation under Sec. 13a-73; P.A. 84-98 amended Subsec. (d) to permit the Connecticut marketing authority to represent the state in the leasing of
land or markets under the control of the authority; P.A. 85-301 amended Subsec. (d) by adding provision that the legislative
management committee may represent the state in the planning and construction of the legislative office building and
related facilities; P.A. 85-567 amended Subsec. (b) to increase maximum yearly amount of per diem fees for board members
from $12,500 to $25,0000 and the daily rate from $100 to $150; P.A. 85-613 made technical changes, deleting reference
to Secs. 10-325, 10-328 and 10-328a in Subsec. (d); P.A. 87-496 replaced administrative services commissioner with
public works commissioner; P.A. 88-28 added the provision allowing the commissioner of mental retardation to represent
the state in the leasing of certain property; Sec. 4-26a transferred to Sec. 4b-3 in 1989; P.A. 89-260 in Subsec. (d) deleted
reference to Sec. 10a-81 which was repealed by Sec. 40 of the act; P.A. 91-124 in Subsec. (f) deleted the requirement that
the properties review board review the selection and contract with any architect or engineer; P.A. 91-174 in Subsec. (d)
added the provision concerning the leasing of real estate for the University of Connecticut Health Center; P.A. 91-256
deleted an obsolete reference to Sec. 10a-129; P.A. 92-154 amended Subsec. (d) to change a reference to the board of
trustees of The University of Connecticut to the board of trustees of a constituent unit of the state system of higher education
and to change a reference to The University of Connecticut Health Center to such constituent unit; P.A. 93-262 removed
reference to Sec. 17-3 in Subsec. (d), effective July 1, 1993; P.A. 93-293 deleted reference to repealed Sec. 10a-145 in
Subsec. (d), effective July 1, 1993; P.A. 97-247 made a technical change in Subsec. (d), effective July 1, 1997; P.A. 98-235 increased board members' compensation from $150 per diem to $200 per diem and raised chairman's maximum annual
compensation from $25,000 to $30,000, effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of
Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-141 amended
Subsec. (f) to require the board to review sales, leases and subleases proposed by the Commissioner of Public Works and
review for approval or disapproval any contract for a project described in Sec. 4b-91(h); P.A. 04-189 repealed Sec. 146
of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection,
effective June 1, 2004; P.A. 06-152 amended Subsec. (d) by authorizing Chief Court Administrator to represent the state
in providing for space as part of contract for alternative incarceration program and by making technical changes, effective
June 6, 2006; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" was changed editorially by the Revisors to
"Commissioner of Developmental Services", effective October 1, 2007; P.A. 07-141 amended Subsec. (f) to add provisions
re hearings and decisions on any appeal under Sec. 8-273a, effective June 25, 2007, and applicable to property acquired
on or after that date.
See title 2c re termination under "Sunset Law".
See Sec. 16a-38a (c) re leases.
Annotation to former section 4-26a:
Subsec. (f):
Cited. 9 CA 514.