General Assembly Raised Bill No. 1071
January Session, 2021 LCO No. 4971
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
AUDITORS OF PUBLIC ACCOUNTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Subsection (g) of section 2-90 of the general statutes is
2 repealed and the following is substituted in lieu thereof (Effective October
3 1, 2021):
4 (g) Each state agency shall keep its accounts in such form and by such
5 methods as to exhibit the facts required by said auditors and, the
6 provisions of any other general statute notwithstanding, shall make all
7 records and accounts available to them or their agents, upon demand.
8 Notwithstanding any provision of the general statutes, no state agency
9 may deny the auditors access to their records or accounts.
10 Sec. 2. (NEW) (Effective October 1, 2021) As used in this section,
11 "contract", "state agency", "data" and "contractor" have the same
12 meanings as provided in section 4e-1 of the general statutes. Any
13 contract between a state contracting agency and a contractor that is
14 entered into, renewed or amended on or after October 1, 2021, shall
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15 contain a provision authorizing the state contracting agency to access
16 any data concerning such agency that is in the possession or control of
17 the contractor upon demand in a format prescribed by the agency at no
18 additional cost to the agency.
19 Sec. 3. Subsection (c) of section 2-90 of the general statutes is repealed
20 and the following is substituted in lieu thereof (Effective October 1, 2021):
21 (c) Said auditors shall audit, on a biennial basis if deemed most
22 economical and efficient, or as frequently as they deem necessary, the
23 books and accounts, records of operations and activities, systems and
24 data of each officer, department, commission, board and court of the
25 state government, all institutions supported by the state and all public
26 and quasi-public bodies, politic and corporate, created by public or
27 special act of the General Assembly and not required to be audited or
28 subject to reporting requirements, under the provisions of chapter 111.
29 Each such audit may include an examination of any relevant
30 information concerning the department, commission, board or court of
31 state government being audited that is in the possession or control of a
32 private entity that has a contract with such department, commission,
33 board or court, and such information shall be provided upon demand
34 in a format prescribed by the auditors at no cost to the auditors or the
35 department, commission, board or court. Each such audit may include
36 an examination of performance in order to determine effectiveness in
37 achieving expressed legislative purposes. The auditors shall report their
38 findings and recommendations to the Governor, the State Comptroller
39 and the joint standing committee of the General Assembly having
40 cognizance of matters relating to appropriations and the budgets of state
41 agencies.
42 Sec. 4. (NEW) (Effective October 1, 2021) On and after October 1, 2021,
43 any state agency proposing to enter into or amend a contract for the
44 purchase of auditing services shall (1) notify the Auditors of Public
45 Accounts of such contract at least fifteen days prior to entering into or
46 amending such contract, and (2) not enter into or amend such contract
47 until the Auditors of Public Accounts have advised the agency whether
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48 the auditing services could be provided by said auditors. As used in this
49 section, "state agency" has the same meaning as provided in section 4-
50 37e of the general statutes and "contract" does not include any personal
51 service agreement subject to section 4-215 or 4-216 of the general
52 statutes.
53 Sec. 5. Subsection (a) of section 10-91g of the general statutes is
54 repealed and the following is substituted in lieu thereof (Effective October
55 1, 2021):
56 (a) As used in this section and sections 10-91h to 10-91l, inclusive,
57 "private provider of special education services" means any private
58 school or private agency or institution, including a group home, that
59 receives, directly or indirectly, any state or local funds as a result of
60 providing special education services to any student with an
61 individualized education program or for whom an individual services
62 plan has been written by the local or regional board of education
63 responsible for educating such student.
64 Sec. 6. Section 31-426 of the general statutes is repealed and the
65 following is substituted in lieu thereof (Effective October 1, 2021):
66 (a) The Connecticut Retirement Security Authority shall keep an
67 accurate account of all its activities, receipts and expenditures and shall
68 submit, in accordance with the provisions of section 11-4a, a report
69 detailing such activities, receipts and expenditures to the Connecticut
70 Retirement Security Authority board of directors, the Governor, the
71 Office of Auditors of Public Accounts and the joint standing committees
72 of the General Assembly having cognizance of matters relating to labor
73 and finance, revenue and bonding on or before December thirty-first
74 annually. Such report shall be in a form prescribed by the board and
75 shall include projected activities of the authority for the next fiscal year.
76 [and shall be subject to approval by the Auditors of Public Accounts.]
77 (b) The Auditors of Public Accounts may conduct a full audit of the
78 books and accounts of the authority pertaining to such activities,
79 receipts and expenditures, personnel, services or facilities, in accordance
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80 with the provisions of chapter 12 and section 2-90, as amended by this
81 act. For the purposes of such audit, the Auditors of Public Accounts shall
82 have access to the properties and records of the authority. [, and may
83 prescribe methods of accounting and the rendering of periodical reports
84 in relation to projects undertaken by the authority.]
85 (c) The authority shall enter into memoranda of understanding with
86 the State Comptroller pursuant to which the authority shall provide, in
87 such form and manner as prescribed by the State Comptroller,
88 information that may include, but need not be limited to, the current
89 revenues and expenses of the authority, the sources or recipients of such
90 revenues or expenses, the date such revenues or expenses were received
91 or dispersed and the amount and the category of such revenues or
92 expenses. The State Comptroller shall also enter into such memoranda
93 of understanding.
94 Sec. 7. Subsection (e) of section 4b-21 of the general statutes is
95 repealed and the following is substituted in lieu thereof (Effective July 1,
96 2021):
97 (e) After receiving notification from the secretary that such land,
98 improvement or interest may be treated as surplus, the Commissioner
99 of Administrative Services shall offer to convey such land, improvement
100 or interest to the municipality in which the land, improvement or
101 interest is located, including, but not limited to, by selling, leasing,
102 exchanging or entering into agreements concerning such land,
103 improvement or interest, provided (1) prior to such conveyance, the
104 municipality by vote of its legislative body accepts such conveyance,
105 and (2) a resolution of such municipal action, verified by the clerk of the
106 municipality, is delivered to the Commissioner of Administrative
107 Services not more than [one hundred twenty] sixty days after receiving
108 notice from the commissioner regarding the proposed conveyance. If
109 the municipality fails to deliver such resolution to the commissioner
110 within such [one-hundred-twenty-day] sixty-day period, the
111 municipality shall be deemed to have declined the proposed
112 conveyance, provided the commissioner may extend the [one-hundred-
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113 twenty-day period] sixty-day deadline by not more than an additional
114 [sixty] thirty days. The municipality shall waive all rights to purchase
115 the land, improvement, interest or part thereof if the municipality
116 declines or is deemed to have declined the conveyance of such land,
117 improvement, interest or part thereof.
118 Sec. 8. Section 8-260 of the general statutes is repealed and the
119 following is substituted in lieu thereof (Effective October 1, 2021):
120 Within the first ninety days of each calendar year, the authority shall
121 report on its operations for the preceding calendar year to the Governor.
122 The authority shall make a report to the General Assembly on or before
123 March fifteenth in each year that the General Assembly meets in general
124 session. The report shall include a summary of the activities of the
125 authority, a complete operating and financial statement and
126 recommendations for legislation to promote the purposes of the
127 authority. The accounts of the authority shall be subject to [annual]
128 biennial audits by the State Auditors of Public Accounts.
129 Sec. 9. Section 15-120kk of the general statutes is repealed and the
130 following is substituted in lieu thereof (Effective October 1, 2021):
131 On or before December fifteenth each year, the authority shall report,
132 in accordance with the provisions of section 11-4a, to the Governor and
133 the joint standing committees of the General Assembly having
134 cognizance of matters relating to transportation and commerce. Such
135 report shall include a summary of the activities of the authority, a
136 complete operating and financial statement and recommendations for
137 legislation to promote the purposes of the authority. The accounts of the
138 authority shall be subject to [annual] biennial audits by the state
139 Auditors of Public Accounts.
140 Sec. 10. Section 32-42 of the general statutes is repealed and the
141 following is substituted in lieu thereof (Effective October 1, 2021):
142 The corporation shall be subject to examination by the State
143 Treasurer. The accounts of the corporation shall be subject to [annual]
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144 biennial audits by the State Auditors of Public Accounts.
145 Sec. 11. Section 1-86e of the general statutes is repealed and the
146 following is substituted in lieu thereof (Effective October 1, 2021):
147 (a) No person hired by the state as a consultant or independent
148 contractor, and no person employed by such consultant or independent
149 contractor, shall:
150 (1) Use the authority provided [to the person] under the contract, or
151 any confidential information acquired in the performance of the
152 contract, to obtain financial gain for the [person] consultant or
153 independent contractor, an employee of the [person] consultant or
154 independent contractor or a member of the immediate family of any
155 such [person] consultant, independent contractor or employee;
156 (2) Accept another state contract which would impair the
157 independent judgment of the [person] consultant, independent
158 contractor or employee in the performance of the existing contract; or
159 (3) Accept anything of value based on an understanding that the
160 actions of the [person] consultant, independent contractor or employee
161 on behalf of the state would be influenced.
162 (b) No person shall give anything of value to a person hired by the
163 state as a consultant or independent contractor or an employee of a
164 consultant or independent contractor based on an understanding that
165 the actions of the consultant, [or] independent contractor or employee
166 on behalf of the state would be influenced.
167 Sec. 12. Subsection (a) of section 10-292 of the general statutes is
168 repealed and the following is substituted in lieu thereof (Effective October
169 1, 2021):
170 (a) Upon receipt by the Commissioner of Administrative Services of
171 the final plans for any phase of a school building project as provided in
172 section 10-291, said commissioner shall promptly review such plans and
173 check them to the extent appropriate for the phase of development or
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174 construction for which final plans have been submitted to determine
175 whether they conform with the requirements of the Fire Safety Code,
176 the Department of Public Health, the life-cycle cost analysis approved
177 by the Commissioner of Administrative Services, the State Building
178 Code and the state and federal standards for design and construction of
179 public buildings to meet the needs of persons with disabilities and the
180 school safety infrastructure criteria, developed by the School Safety
181 Infrastructure Council, pursuant to section 10-292r, and if acceptable a
182 final written approval of such phase shall be sent to the town or regional
183 board of education and the school building committee. No phase of a
184 school building project, subject to the provisions of subsection (c) or (d)
185 of this section, shall go out for bidding purposes prior to such written
186 approval.
187 Sec. 13. Section 22a-263 of the general statutes is repealed and the
188 following is substituted in lieu thereof (Effective October 1, 2021):
189 The directors of the authority shall meet at least monthly at the call
190 of the chairman and may meet more frequently if necessary and
191 desirable. It shall maintain at all times minutes of its meetings including
192 its considerations, deliberations, decisions and resolutions, which
193 minutes shall be considered public records. It shall maintain all
194 necessary records and data with respect to its operations and shall
195 report quarterly to the Governor and annually to the General Assembly,
196 upon its operations. Such reports shall include but not be limited to a
197 listing of the number and type of waste management service contracts
198 entered into with local government units and persons, and the charges
199 therefor; a listing of the contracts entered into for the services of private
200 industry in the operation of systems and facilities; a map showing the
201 location of all facilities owned or leased by the authority; a schedule of
202 the amounts of waste received and processed in such facilities; a listing
203 of the outstanding issues of notes and bonds of the authority and the
204 payment status thereof; a budget showing the administrative expenses
205 of the authority; a report of revenues of the authority from all sources
206 and of the redistribution of any surplus revenues. The authority shall be
207 subject to audit by the state Auditors of Public Accounts in accordance
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208 with [normal audit practices prescribed for departments, boards,
209 commissions and other agencies of the state] chapter 12 and section 2-
210 90, as amended by this act.
211 Sec. 14. Subsection (c) of section 10-357b of the general statutes is
212 repealed and the following is substituted in lieu thereof (Effective October
213 1, 2021):
214 (c) The State Education Resource Center shall be subject to (1) rules,
215 regulations and restrictions on purchasing, procurement, personal
216 service agreements and the disposition of assets generally applicable to
217 Connecticut state agencies, including those contained in titles 4, 4a and
218 4b and section 4e-19, and (2) audit by the Auditors of Public Accounts
219 under chapter 12 and section 2-90, as amended by this act.
220 Sec. 15. Subsection (d) of section 17a-10c of the general statutes is
221 repealed and the following is substituted in lieu thereof (Effective October
222 1, 2021):
223 (d) On and after January 1, 2020, the caseworker of any child placed
224 in an out-of-home placement by the Commissioner of Children and
225 Families pursuant to an order of temporary custody or commitment
226 shall meet in private with the child annually and any time the child is
227 placed in a new out-of-home placement, provided the child is of an
228 appropriate age. At such meeting, the caseworker shall, if applicable
229 and appropriate: (1) Provide the child with a copy of the Sibling Bill of
230 Rights, (2) review the Sibling Bill of Rights with the child, and (3) explain
231 to the child that the child may contact the caseworker, the child's
232 attorney, the Department of Children and Families regional office, the
233 Office of Community Relations within the Department of Children and
234 Families [Office of the Ombudsman] or the Office of the Child Advocate
235 if the child feels that his or her rights under the Sibling Bill o