Bill Text: CT SB00019 | 2016 | General Assembly | Comm Sub
Bill Title: An Act Establishing The Transit Corridor Development Assistance Authority.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-05-03 - Matter Pass Retained [SB00019 Detail]
Download: Connecticut-2016-SB00019-Comm_Sub.html
General Assembly |
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February Session, 2016 |
*_____SB00019GAE___042816____* |
AN ACT ESTABLISHING THE TRANSIT CORRIDOR DEVELOPMENT ASSISTANCE AUTHORITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2016) (a) For purposes of this section and sections 2 to 6, inclusive, of this act:
(1) "Authority" means the Transit Corridor Development Assistance Authority created pursuant to this section;
(2) "Authority development project" means a project occurring within the boundaries of a development district in which the authority is involved;
(3) "Development district" means an area around a transit station, determined by a memorandum of agreement between the authority and the chief executive officer of the municipality where such transit station is located and approved by the legislative body of the municipality where such transit station is located, provided such area shall not exceed a one-half mile radius of such transit station;
(4) "Department" means the Department of Transportation;
(5) "State-wide transportation investment program" means the planning document developed and updated at least every four years by the department in compliance with the requirements of 23 USC 135, listing all transportation projects in the state expected to receive federal funding during the four-year period covered by the program; and
(6) "Transit station" means any passenger railroad station or Hartford-New Britain busway project station that is operational, or for which the department has initiated planning or that is included in the state-wide transportation investment program. "Transit station" does not mean any Hartford-New Britain busway project station located wholly within a municipality that (A) is included in the capital region, as defined in section 32-600 of the general statutes, and (B) has a Hartford-New Britain busway project station that is operational on January 1, 2016.
(b) There is hereby established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state established and created for the performance of an essential public and governmental function, to be known as the Transit Corridor Development Assistance Authority. The authority shall not be construed to be a department, institution or agency of the state.
(c) (1) The powers of the authority shall be vested in and exercised by a board of directors, which shall consist of fifteen members: (A) Five appointed by the Governor; (B) one appointed by the speaker of the House of Representatives; (C) one appointed by the president pro tempore of the Senate; (D) one appointed by the majority leader of the House of Representatives; (E) one appointed by the majority leader of the Senate; (F) one appointed by the minority leader of the House of Representatives; (G) one appointed by the minority leader of the Senate; and (H) the Secretary of the Office of Policy and Management, the Commissioner of Transportation, the Commissioner of Housing, and the Commissioner of Economic and Community Development, or their designees, who shall serve as ex-officio members of the board, with the right to vote.
(2) In addition to the members listed under subdivision (1) of this subsection, the chief elected official of each municipality in which an authority development project is planned, or such official's designee, shall serve as an ad hoc, voting member of the board solely for matters directly affecting such municipality and not including matters pertaining to the general operations of the authority.
(3) In addition to the members listed under subdivisions (1) and (2) of this subsection, the executive director of the regional council of governments for the planning region in which an authority development project is planned, or such executive director's designee, shall serve as an ad hoc, nonvoting member of the board solely for matters directly affecting such region and not including matters pertaining to the general operations of the authority.
(4) In addition to the members listed under subdivisions (1) to (3), inclusive, of this subsection, the legislative body of the municipality in which an authority development project is planned shall appoint a representative of the minority community to serve as an ad hoc, nonvoting member of the board solely for matters directly affecting such community and not including matters pertaining to the general operations of the authority.
(5) The Governor shall designate the chairperson of the board from among the voting members. All initial appointments shall be made not later than November 1, 2016. The terms of the initial board members shall be as follows: (A) The five members appointed by the Governor shall serve terms of four years from the date of appointment; (B) the members appointed by the speaker of the House of Representatives and the president pro tempore of the Senate shall serve a term of two years from the date of appointment; (C) the members appointed by the majority leaders of the House of Representatives and the Senate shall serve a term of two years from the date of appointment; and (D) the members appointed by the minority leaders of the House of Representatives and the Senate shall serve a term of two years from the date of appointment. Thereafter, all members shall be appointed by the original appointing authority for four-year terms. Any member of the board shall be eligible for reappointment. Any vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment for the balance of the unexpired term. The appointing authority for any member may remove such member for misfeasance, malfeasance or wilful neglect of duty.
(6) Each member of the board, before commencing such member's duties, shall take and subscribe the oath or affirmation required by article XI, section 1, of the state Constitution. A record of each such oath shall be filed in the office of the Secretary of the State.
(7) The board of directors shall maintain a record of its proceedings in such form as it determines, provided such record indicates attendance and all votes cast by each member. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the board. A majority of the members of the board shall constitute a quorum, and an affirmative vote by a majority of the members present at a meeting of the board shall be sufficient for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. Any action taken by the board may be authorized by resolution at any regular or special meeting and shall take effect immediately unless otherwise provided in the resolution. The board may delegate to three or more of its members, or its officers, agents or employees, such board powers and duties as it may deem proper.
(d) (1) The board of directors shall annually elect one of its members as a vice-chairperson, and shall elect other of its members as officers, adopt a budget and bylaws, designate an executive committee, report semiannually to the appointing authorities with respect to operations, finances and achievement of its economic development objective, be accountable to and cooperate with the state whenever the state may audit the Transit Corridor Development Assistance Authority or an authority development project or at any other time as the state may inquire as to either, including allowing the state reasonable access to any such project and to the records of the authority.
(2) The chairperson of the board, with the approval of the members of the board of directors, shall appoint an executive director of the authority who shall be an employee of the authority and paid a salary prescribed by the members. The executive director shall be the chief administrative officer of the authority and shall supervise the administrative affairs and technical activities of the authority in accordance with the directives of the board. The executive director shall not be a member of the board.
(3) Each member of the board of directors shall be entitled to reimbursement for such member's actual and necessary expenses incurred during the performance of such member's official duties, but shall receive no compensation for the performance of such duties.
(e) No board member shall have or acquire any financial interest in (1) any authority development project, or (2) any property included or planned to be included in any such project or in any contract or proposed contract for materials or services to be used in such project.
(f) The authority shall have perpetual succession and shall adopt procedures for the conduct of its affairs in accordance with section 3 of this act. Such succession shall continue as long as the authority has bonds, notes or other obligations outstanding and until its existence is terminated by law, provided no such termination shall affect any outstanding contractual obligation of the authority and the state shall succeed to the obligations of the authority under any contract. Upon the termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state.
Sec. 2. (NEW) (Effective October 1, 2016) (a) The purposes of the Transit Corridor Development Assistance Authority shall be to: (1) Stimulate new investment and economic and transit-oriented development, as defined in section 13b-79kk of the general statutes, within development districts through cooperation and coordination with the municipalities wherein each such development district is located; (2) stimulate tourism, art, culture, history, education and entertainment in such development districts through cooperation and coordination with the municipalities wherein each such development district is located, regional organizations and the Department of Economic and Community Development; (3) manage facilities through contractual agreement or other legal instrument; (4) upon request from the legislative body of a municipality wherein a development district is located, work with such municipality to assist in the development and redevelopment efforts to stimulate the economy of the region; and (5) upon request of the Secretary of the Office of Policy and Management, enter into an agreement to facilitate development or redevelopment within a development district.
(b) For the purposes enumerated in subsection (a) of this section, the authority is authorized and empowered to:
(1) Have perpetual succession as a body politic and corporate and to adopt procedures for the regulation of its affairs and the conduct of its business, as provided in section 3 of this act;
(2) Adopt a corporate seal and alter the same at pleasure;
(3) Maintain an office at such place or places as it may designate;
(4) Sue and be sued in its own name, plead and be impleaded;
(5) Contract and be contracted with;
(6) (A) Employ such assistants, agents and other employees as may be necessary or desirable to carry out its purposes, which employees shall be exempt from the classified service and, except as provided in subparagraph (D) of this subdivision, shall not be employees, as defined in subsection (b) of section 5-270 of the general statutes; (B) establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation, retirement and collective bargaining, which need not be in accordance with chapter 68 of the general statutes, and the authority shall not be an employer as defined in subsection (a) of section 5-270 of the general statutes; (C) engage consultants, attorneys and appraisers as may be necessary or desirable to carry out its purposes in accordance with sections 1 to 6, inclusive, of this act; and (D) for purposes of group welfare benefits and retirement, including, but not limited to, those provided under chapter 66 of the general statutes and sections 5-257 and 5-259 of the general statutes, the officers and all other employees of the authority shall be state employees;
(7) Acquire, lease, purchase, own, manage, hold and dispose of personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to carrying out the purposes set forth in this section;
(8) Procure insurance against any liability or loss in connection with its property and other assets, in such amounts and from such insurers as it deems desirable and to procure insurance for employees;
(9) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state of Connecticut, including the Short Term Investment Fund and the Tax-Exempt Proceeds Fund, and in other obligations that are legal investments for savings banks in this state, and in time deposits or certificates of deposit or other similar banking arrangements secured in such manner as the authority determines;
(10) Enter into memoranda of understanding as the authority deems appropriate to carry out its responsibilities under this section; and
(11) Do all acts and things necessary or convenient to carry out the purposes of, and the powers expressly granted by, this section.
(c) In addition to the powers enumerated in subsection (b) of this section, the Transit Corridor Development Assistance Authority shall have the following powers with respect to authority development projects:
(1) (A) To acquire by gift, purchase, lease or transfer, lands or rights-in-land and to sell and lease or sublease, as lessor or lessee or sublessor or sublessee, any portion of its real property rights, including air space above, and enter into related common area maintenance, easement, access, support and similar agreements, and own and operate facilities associated with authority development projects, provided such activity is consistent with all applicable federal tax covenants of the authority; (B) to transfer or dispose of any property or interest therein acquired by the authority at any time; and (C) to receive and accept aid or contributions from any source of money, labor, property or other thing of value, to be held, used and applied to carry out the purposes of this section, subject to the conditions upon which such grants and contributions are made, including, but not limited to, gifts or grants from any department, agency or instrumentality of the United States or this state for any purpose consistent with this section;
(2) To formulate plans for, acquire, finance and develop, lease, purchase, construct, reconstruct, repair, improve, expand, extend, operate, maintain and market facilities associated with authority development projects, provided such activities are consistent with all applicable federal tax covenants of the authority;
(3) To contract and be contracted with, provided if management, operating or promotional contracts or agreements or other contracts or agreements are entered into with nongovernmental parties with respect to property financed with the proceeds of obligations, the interest on which is excluded from gross income for federal income taxation, the board of directors shall ensure that such contracts or agreements are in compliance with the covenants of the authority upon which such tax exclusion is conditioned;
(4) To fix and revise, from time to time, and to charge and collect fees, rents and other charges for the use, occupancy or operation of authority development projects, and to establish and revise from time to time procedures concerning the use, operation and occupancy of facilities associated with such projects, including parking rates, rules and procedures, provided such arrangements are consistent with all applicable federal tax covenants of the authority, and to utilize net revenues received by the authority from the operation of such facilities, after allowance for operating expenses and other charges related to the ownership, operation or financing thereof, for other proper purposes of the authority, including, but not limited to, funding of operating deficiencies or operating or capital replacement reserves for such facilities and related parking facilities, as determined to be appropriate by the authority;
(5) To engage architects, engineers, attorneys, accountants, consultants and such other independent professionals as may be necessary or desirable to carry out authority development projects;
(6) To contract for construction, development, concessions and the procurement of goods and services, and to establish and modify procurement procedures from time to time in accordance with the provisions of section 3 of this act to implement the foregoing;
(7) To borrow money; and
(8) To engage in and contract for marketing and promotional activities for authority development projects under the operation or jurisdiction of the authority.
(d) The Transit Corridor Development Assistance Authority and the Capital Region Development Authority, established pursuant to chapter 588x of the general statutes, may enter into a memorandum of agreement pursuant to which: (1) Administrative support and services, including all staff support necessary for the operations of the Transit Corridor Development Assistance Authority may be provided by the Capital Region Development Authority, and (2) provision is made for the coordination of management and operational activities that may include: (A) Joint procurement and contracting; (B) the sharing of services and resources; (C) the coordination of promotional activities; and (D) other arrangements designed to enhance revenues, reduce operating costs or achieve operating efficiencies. The terms and conditions of such memorandum of agreement, including provisions with respect to the reimbursement by the Transit Corridor Development Assistance Authority to the Capital Region Development Authority of the costs of such administrative support and services, shall be as the Transit Corridor Development Assistance Authority and the Capital Region Development Authority determine to be appropriate.
(e) Prior to taking any action in a development district, the Transit Corridor Development Assistance Authority and municipality where such development district is located shall enter into a memorandum of agreement. Such memorandum shall include, but not be limited to, (1) defined responsibilities of the authority and the municipality with regard to such development district; (2) identification of the properties within such development district that are controlled or owned by the authority, the state, the municipality or a private entity; (3) long and short range plans for the development district, including any foreseeable changes of use or control of properties located therein; (4) identification and allocation of revenue sources for projects within such development district, including, but not limited to, taxes, fees, rental income or parking; (5) agreement as to the types of activities that will require a public hearing and the types of requests that will require a public hearing, which may include a request submitted by the neighborhood revitalization committee for the area that includes or is proximate to the development district; (6) agreement as to additional methods for soliciting community involvement; and (7) specifications regarding how the memorandum of agreement may be terminated.
(f) Nothing in sections 1 to 6, inclusive, of this act shall be construed as exempting development projects of the Transit Corridor Development Assistance Authority on privately or municipally owned property from municipal zoning, subdivision or wetland regulations, municipal plans of conservation and development or any municipal ordinance.
(g) Nothing in sections 1 to 6, inclusive, of this act shall be construed as limiting the authority of the Transit Corridor Development Assistance Authority to enter into agreements to facilitate development or redevelopment of state property or facilities.
Sec. 3. (NEW) (Effective October 1, 2016) The board of directors of the Transit Corridor Development Assistance Authority shall adopt written procedures, in accordance with the provisions of section 1-121 of the general statutes, for: (1) Adopting an annual budget and plan of operations, which shall include a requirement of board approval before the budget or plan may take effect; (2) hiring, dismissing, promoting and compensating employees of the authority, which shall include an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled; (3) acquiring real and personal property and personal services, which shall include a requirement of board approval for any nonbudgeted expenditure in excess of five thousand dollars; (4) contracting for financial, legal and other professional services, including a requirement that the authority solicit proposals at least once every three years for each such service that it uses; (5) providing loans, grants and other financial assistance, which shall include eligibility criteria, the application process and the role played by the authority's staff and board of directors; and (6) the use of surplus funds.
Sec. 4. (NEW) (Effective October 1, 2016) (a) In lieu of the report required under section 1-123 of the general statutes, within the first ninety days of each fiscal year of the Transit Corridor Development Assistance Authority, the board of directors of the authority shall submit a report to the Governor, the Auditors of Public Accounts and the joint standing committee of the General Assembly having cognizance of matters relating to planning and development. Such report shall include, but not be limited to, the following: (1) A description of each authority development project in which the authority is involved, its location and the amount of funds, if any, provided by the authority with respect to the construction of such project; (2) a list of all outside individuals and firms, including principal and other major stockholders, receiving in excess of five thousand dollars as payments for services; (3) a comprehensive annual financial report prepared in accordance with generally accepted accounting principles for governmental enterprises; (4) the affirmative action policy statement, a description of the composition of the work force of the Transit Corridor Development Assistance Authority by race, sex and occupation and a description of the affirmative action efforts of the authority; and (5) a description of planned activities for the current fiscal year.
(b) The board of directors of the authority shall annually contract with a firm of certified public accountants to undertake an independent financial audit of the Transit Corridor Development Assistance Authority in accordance with generally accepted auditing standards. The board shall submit the audit report to the Governor and the Auditors of Public Accounts.
(c) The authority shall designate a contract compliance officer from its staff to monitor compliance of the operations of facilities and parking facilities associated with authority development projects that are under the management or control of the authority, with (1) the provisions of state law applicable to such operations, and (2) applicable requirements of contracts entered into by the authority relating to set-asides for small contractors and minority business enterprises and required efforts to hire available and qualified members of minorities, as defined in section 32-9n of the general statutes. Each year during the period of operations of facilities associated with authority development projects, such officer shall file a written report with the authority as to findings and recommendations regarding such compliance.
Sec. 5. (NEW) (Effective October 1, 2016) (a) Any person, including, but not limited to, a state or municipal agency, requesting funds from the state, including, but not limited to, any authority created by the general statutes or any public or special act, with respect to any authority development project shall, at the time it makes such request for funds from the state, present a full and complete copy of its application or request along with any supporting documents or exhibits to the authority for its recommendation and to the Secretary of the Office of Policy and Management. The Transit Corridor Development Assistance Authority shall, not later than ninety days after receipt of such application or request, prepare and adopt an economic development statement summarizing its recommendations with respect to such application or request and deliver such statement to the state officer, official, employee or agent of the state or authority to whom such application or request was made. In preparing such economic development statement, the Transit Corridor Development Assistance Authority shall consider any written statement submitted by the regional council of governments for the planning region in which the authority development project is planned or the neighborhood revitalization zone committee for the area that includes or is proximate to the location in which the authority development project is planned. The recommendations in such statement shall include contract provisions regarding performance standards, including, but not limited to, project timelines.
(b) Notwithstanding any provision of the general statutes, public or special acts, any regulation or procedure or any other law, no officer, official, employee or agent of the state or any authority created by the general statutes or any public or special act, shall expend any funds on any authority development project, unless such officer, official, employee or agent has received an economic development statement adopted by the Transit Corridor Development Assistance Authority pursuant to subsection (a) of this section, except that if no such statement is received by the date ninety days from the date of the initial application or request for such funds, such funds may be expended. If funds are expended pursuant to this subsection in a manner not consistent with the recommendations contained in an economic development statement for such expenditure, the officer, official, employee or agent of the state expending such funds shall respond in writing to the authority, providing an explanation of the decision with respect to such expenditure.
(c) The Transit Corridor Development Assistance Authority shall coordinate the use of all state, municipal and quasi-public agency planning and financial resources that are made available for any authority development project in which the authority is involved.
(d) All state agencies, departments, boards, commissions, councils and quasi-public agencies shall cooperate with the Transit Corridor Development Assistance Authority in carrying out the purposes set forth in section 2 of this act.
Sec. 6. (NEW) (Effective October 1, 2016) The state shall protect, save harmless and indemnify the Transit Corridor Development Assistance Authority and its directors, officers and employees from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment based upon any alleged act or omission of the authority or any such director, officer or employee in connection with, or any other legal challenge to, authority development projects within a development district, provided any such director, officer or employee is found to have been acting in the discharge of such director, officer or employee's duties or within the scope of such director, officer or employee's employment and any such act or omission is found not to have been wanton, reckless, wilful or malicious.
Sec. 7. Subdivision (12) of section 1-79 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(12) "Quasi-public agency" means Connecticut Innovations, Incorporated, the Connecticut Health and Education Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the State Housing Authority, the Materials Innovation and Recycling Authority, the Capital Region Development Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority, [and] the State Education Resource Center and the Transit Corridor Development Assistance Authority.
Sec. 8. Subdivision (1) of section 1-120 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(1) "Quasi-public agency" means Connecticut Innovations, Incorporated, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Capital Region Development Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority, [and] the State Education Resource Center and the Transit Corridor Development Assistance Authority.
Sec. 9. Section 1-124 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Connecticut Innovations, Incorporated, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Airport Authority, the Capital Region Development Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority, [and] the State Education Resource Center and the Transit Corridor Development Assistance Authority shall not borrow any money or issue any bonds or notes which are guaranteed by the state of Connecticut or for which there is a capital reserve fund of any kind which is in any way contributed to or guaranteed by the state of Connecticut until and unless such borrowing or issuance is approved by the State Treasurer or the Deputy State Treasurer appointed pursuant to section 3-12. The approval of the State Treasurer or said deputy shall be based on documentation provided by the authority that it has sufficient revenues to (1) pay the principal of and interest on the bonds and notes issued, (2) establish, increase and maintain any reserves deemed by the authority to be advisable to secure the payment of the principal of and interest on such bonds and notes, (3) pay the cost of maintaining, servicing and properly insuring the purpose for which the proceeds of the bonds and notes have been issued, if applicable, and (4) pay such other costs as may be required.
(b) To the extent Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Connecticut Airport Authority, the Capital Region Development Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority, [or] the State Education Resource Center or the Transit Corridor Development Assistance Authority is permitted by statute and determines to exercise any power to moderate interest rate fluctuations or enter into any investment or program of investment or contract respecting interest rates, currency, cash flow or other similar agreement, including, but not limited to, interest rate or currency swap agreements, the effect of which is to subject a capital reserve fund which is in any way contributed to or guaranteed by the state of Connecticut, to potential liability, such determination shall not be effective until and unless the State Treasurer or his or her deputy appointed pursuant to section 3-12 has approved such agreement or agreements. The approval of the State Treasurer or his or her deputy shall be based on documentation provided by the authority that it has sufficient revenues to meet the financial obligations associated with the agreement or agreements.
Sec. 10. Section 1-125 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
The directors, officers and employees of Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, including ad hoc members of the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Capital Region Development Authority, the Connecticut Airport Authority, the Connecticut Lottery Corporation, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority, [and] the State Education Resource Center and the Transit Corridor Development Assistance Authority and any person executing the bonds or notes of the agency shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency, including ad hoc members of the Materials Innovation and Recycling Authority, be personally liable for damage or injury, not wanton, reckless, wilful or malicious, caused in the performance of his or her duties and within the scope of his or her employment or appointment as such director, officer or employee, including ad hoc members of the Materials Innovation and Recycling Authority. The agency shall protect, save harmless and indemnify its directors, officers or employees, including ad hoc members of the Materials Innovation and Recycling Authority, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee, including ad hoc members of the Materials Innovation and Recycling Authority, is found to have been acting in the discharge of his or her duties or within the scope of his or her employment and such act or omission is found not to have been wanton, reckless, wilful or malicious.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
New section |
Sec. 2 |
October 1, 2016 |
New section |
Sec. 3 |
October 1, 2016 |
New section |
Sec. 4 |
October 1, 2016 |
New section |
Sec. 5 |
October 1, 2016 |
New section |
Sec. 6 |
October 1, 2016 |
New section |
Sec. 7 |
October 1, 2016 |
1-79(12) |
Sec. 8 |
October 1, 2016 |
1-120(1) |
Sec. 9 |
October 1, 2016 |
1-124 |
Sec. 10 |
October 1, 2016 |
1-125 |
TRA |
Joint Favorable Subst. |
|
GAE |
Joint Favorable |