Sec. 4b-30. (Formerly Sec. 4-128). Offices for state agencies. Leases. Compliance.
Sec. 4b-30. (Formerly Sec. 4-128). Offices for state agencies. Leases. Compliance. (a) The Commissioner of Public Works shall assign office space and provide
necessary accommodations in state-owned facilities for state agencies, other than institutions, the Legislative Department and the Judicial Department. Subject to the provisions
of section 4b-23 the commissioner shall execute all leases for offices or any other type
of space or facility necessary to meet the needs of all state agencies, the Judicial Department, the Division of Criminal Justice, the Public Defender Services Commission and
institutions. Any provisions of the general statutes to the contrary notwithstanding the
Commissioner of Public Works shall be the sole authority for negotiating such leases,
provided any such leases, intending to provide for the needs of institutions, shall further
be subject to the approval of the board of trustees of the institution involved and provided
further, the Commissioner of Public Works shall expedite the handling of leases to meet
emergency and short term needs. For the purposes of this section, the term "Judicial
Department" does not include the courts of probate, the Division of Criminal Justice
and the Public Defender Services Commission, except where they share facilities in
state-maintained courts.
(b) The Commissioner of Public Works shall have the primary responsibility for
ensuring that the lessor of the offices, space or other facilities which are covered by
each such lease complies with the provisions of the lease. In carrying out such responsibility the commissioner shall inspect such offices, space and other facilities at least once
annually.
(1949 Rev., S. 201; March, 1950, S. 69d; 1971, P.A. 572, S. 1; P.A. 73-214, S. 1; P.A. 75-425, S. 22, 57; P.A. 77-573,
S. 24, 30; 77-614, S. 73, 610; P.A. 80-220; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; 84-436, S. 4, 12; P.A. 85-301, S.
11-13; P.A. 87-496, S. 30, 110; 87-570, S. 3, 5; 87-589, S. 74, 87; P.A. 88-117, S. 2, 5; P.A. 91-230, S. 7, 17; June 18 Sp.
Sess. P.A. 97-11, S. 31, 65; P.A. 99-75, S. 3.)
History: 1971 act clarified leasing procedure and required approval of commissioner of finance and control as well as
of attorney general and approval of boards of trustees of institutions involved and of commission for higher education if
higher education institution involved; P.A. 73-214 established public works commissioner as sole leasing authority and
required him to expedite leases for emergency and short term needs; P.A. 75-425 omitted requirement for approval by
attorney general and finance and control commissioner; P.A. 77-573 replaced commission for higher education with board
of higher education; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A.
80-220 specified that leases exceeding $1,000 a year involving higher education institutions require approval of board of
higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of
higher education system, effective March 1, 1983; P.A. 84-241 added "of higher education" to board's title; P.A. 84-436
excluded the judicial department from the agencies for which the commissioner assigns office space and provides necessary
accommodations in state-owned facilities, included the judicial department, the division of criminal justice and the public
defender services commission among the agencies for which the commissioner executes leases, and defined "judicial
department," effective July 1, 1985; P.A. 85-301 excluded the legislative department from the agencies for which the
commissioner assigns office space and provides necessary accommodations in state-owned facilities; P.A. 87-496 substituted public works commissioner for administrative services commissioner; P.A. 87-570 designated existing section as
Subsec. (a) and added Subsec. (b) requiring commissioner of administrative services to have primary responsibility for
ensuring that lessor complies with lease provisions; P.A. 87-589 made technical changes, replacing administrative services
commissioner and department with public works commissioner and department as needed to comply with P.A. 87-496;
P.A. 88-117 in Subsec. (a) substituted "constituent units of the state system" for "institutions"; Sec. 4-128 transferred to
Sec. 4b-30 in 1989; P.A. 91-230 amended Subsec. (a) to delete provision requiring that leases exceeding $1,000 per year
which concern constituent units of higher education system be approved by board of governors; June 18 Sp. Sess. P.A.
97-11 amended Subsec. (b) by repealing prohibition on Public Works Department lease negotiator being assigned commissioner's duties under this section, effective July 1, 1997; P.A. 99-75 amended Subsec. (b) by repealing provision requiring
commissioner to submit annual report to State Properties Review Board re lease inspections.
Annotations to former section 4-128:
Wording of statute does not explicitly or by necessary implication waive defense of governmental immunity in action
on a lease. 35 CS 180.