Connecticut 2019 Regular Session

Connecticut Senate Bill SB01041 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 1041
	5	+	General Assembly Raised Bill No. 1041
8	6		January Session, 2019
	7	+	LCO No. 5284
	8	+
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
	16	+
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12	20		AN ACT IMPLEMENTING THE RECOMMENDATIONS OF T HE
13	21		AUDITORS OF PUBLIC ACCOUNTS.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. Section 4-215 of the general statutes is repealed and the 1
18	26		following is substituted in lieu thereof (Effective October 1, 2019): 2
19	27		(a) Each personal service agreement executed on or after July 1, 3
20	28		1994, and having a cost of more than twenty thousand dollars but not 4
21	29		more than fifty thousand dollars and a term of not more than one year 5
22	30		shall be based on competitive negotiation or competitive quotations, 6
23	31		unless the state agency purchasing the personal services determines 7
24	32		that a sole source purchase is required and applies to the secretary for 8
25	33		a waiver from such requirement and the secretary grants the waiver. 9
26	34		[Not later than March 1, 1994, the secretary shall adopt guidelines for 10
27	35		determining the types of services that may qualify for such waivers.] 11
28	36		The qualifying services that may be granted under this section shall 12
29	37		[include, but not] be limited to: [,] (1) [services] Services for which the 13
30		-	cost to the state of a competitive selection procedure would outweigh 14
	38	+	cost to the state of a competitive selection procedure would outweigh 14 Raised Bill No. 1041
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31	44		the benefits of such procedure, as documented by the state agency, (2) 15
32	45		proprietary services, (3) services to be provided by a contractor 16
33	46		mandated by the general statutes or a public or special act, and (4) 17
34	47		emergency services, including services needed for the protection of life 18
35	48		or health. 19
36		-	(b) The secretary shall immediately notify the Auditors of Public 20 Substitute Bill No. 1041
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	49	+	(b) The secretary shall immediately notify the Auditors of Public 20
43	50		Accounts of any application that the secretary receives for approval of 21
44	51		a sole source purchase of audit services and give the auditors the 22
45	52		opportunity to review the application to advise the secretary as to 23
46	53		whether such services are necessary and, if so, whether such services 24
47	54		could be provided by said auditors. 25
48	55		Sec. 2. Subsection (b) of section 4-216 of the general statutes is 26
49	56		repealed and the following is substituted in lieu thereof (Effective 27
50	57		October 1, 2019): 28
51	58		(b) Each personal service agreement having a cost of more than fifty 29
52	59		thousand dollars or a term of more than one year shall be based on 30
53	60		competitive negotiation or competitive quotations, unless the state 31
54	61		agency purchasing the personal services applies to the secretary for a 32
55	62		waiver from such requirement and the secretary grants the waiver in 33
56	63		accordance with [the guidelines adopted under] section 4-215, as 34
57	64		amended by this act. 35
58	65		Sec. 3. Subsection (g) of section 2-90 of the general statutes is 36
59	66		repealed and the following is substituted in lieu thereof (Effective 37
60	67		October 1, 2019): 38
61	68		(g) Each state agency shall keep its accounts in such form and by 39
62	69		such methods as to exhibit the facts required by said auditors and, the 40
63	70		provisions of any other general statute notwithstanding, shall make all 41
64	71		records and accounts available to them or their agents, upon demand. 42
65	72		Notwithstanding any provision of the general statutes, no state agency 43
66	73		may deny the auditors access to their records or accounts. 44
67		-	Sec. 4. Subsection (c) of section 2-90 of the general statutes is 45
	74	+	Sec. 4. Subsection (c) of section 2-90 of the general statutes is 45 Raised Bill No. 1041
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68	80		repealed and the following is substituted in lieu thereof (Effective 46
69	81		October 1, 2019): 47
70	82		(c) Said auditors shall audit, on a biennial basis if deemed most 48
71	83		economical and efficient, or as frequently as they deem necessary, the 49
72	84		books and accounts of each officer, department, commission, board 50
73		-	and court of the state government, all institutions supported by the 51 Substitute Bill No. 1041
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	85	+	and court of the state government, all institutions supported by the 51
80	86		state and all public and quasi-public bodies, politic and corporate, 52
81	87		created by public or special act of the General Assembly and not 53
82	88		required to be audited or subject to reporting requirements, under the 54
83	89		provisions of chapter 111. Each such audit may include an examination 55
84	90		of any relevant information concerning the department, commission, 56
85	91		board or court of state government being audited that is in the 57
86	92		possession or control of a private entity that has a contract with such 58
87	93		department, commission, board or court and such information shall be 59
88	94		provided upon demand in a format prescribed by the auditors at no 60
89	95		cost to the auditors or the department, commission, board or court. 61
90	96		Each such audit may include an examination of performance in order 62
91	97		to determine effectiveness in achieving expressed legislative purposes. 63
92	98		The auditors shall report their findings and recommendations to the 64
93	99		Governor, the State Comptroller and the joint standing committee of 65
94	100		the General Assembly having cognizance of matters relating to 66
95	101		appropriations and the budgets of state agencies. 67
96		-	Sec. 5. (NEW) (Effective October 1, 2019) ~~(a)~~ As used in this section, 68
97		-	"contract", "~~contractor~~", "data" and "~~state contracting agency~~", have the 69
98		-	~~same~~ meanings as provided in section 4e-1 of the general statutes. 70
99		-	~~(b) Any~~ contract between a state contracting agency and a contractor 71
100		-	~~that is~~ entered into, renewed or amended on or after October 1, 2019, 72
101		-	~~shall~~ contain a provision authorizing the state contracting agency to 73
102		-	~~access~~ any data concerning such agency that is in the possession or 74
103		-	~~control of~~ the contractor upon demand in a format prescribed by the 75
104		-	~~agency at no~~ additional cost to the agency. 76
	102	+	Sec. 5. (NEW) (Effective October 1, 2019) As used in this section, 68
	103	+	"contract", "state agency", "data" and "contractor" have the same 69
	104	+	meanings as provided in section 4e-1 of the general statutes. Any 70
	105	+	contract between a state contracting agency and a contractor that is 71
	106	+	entered into, renewed or amended on or after October 1, 2019, shall 72
	107	+	contain a provision authorizing the state contracting agency to access 73
	108	+	any data concerning such agency that is in the possession or control of 74
	109	+	the contractor upon demand in a format prescribed by the agency at no 75
	110	+	additional cost to the agency. 76
105	111		Sec. 6. Section 2-90b of the general statutes is repealed and the 77
106		-	following is substituted in lieu thereof (Effective October 1, 2019): 78
	112	+	following is substituted in lieu thereof (Effective October 1, 2019): 78 Raised Bill No. 1041
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107	118		The Auditors of Public Accounts shall biennially conduct an audit 79
108	119		of reimbursements made from the Bradley Enterprise Fund to the 80
109	120		Department of Emergency Services and Public Protection to cover the 81
110	121		cost of Troop [W] H operations carried out in accordance with the 82
111		-	memorandum of understanding between the Department of 83 Substitute Bill No. 1041
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	122	+	memorandum of understanding between the Department of 83
118	123		Emergency Services and Public Protection and the Department of 84
119	124		Transportation. 85
120	125		This act shall take effect as follows and shall amend the following
121	126		sections:
122	127
123	128		Section 1 October 1, 2019 4-215
124	129		Sec. 2 October 1, 2019 4-216(b)
125	130		Sec. 3 October 1, 2019 2-90(g)
126	131		Sec. 4 October 1, 2019 2-90(c)
127	132		Sec. 5 October 1, 2019 New section
128	133		Sec. 6 October 1, 2019 2-90b
129	134
130		-	Statement of Legislative Commissioners:
131		-	In Section 5, subsection designators were added and "state agency"
132		-	was changed to "state contracting agency" for accuracy.
133		-
134		-	GAE Joint Favorable Subst. -LCO
	135	+	Statement of Purpose:
	136	+	To implement the recommendations of the Auditors of Public
	137	+	Accounts contained in their 2018 annual report.
	138	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	139	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	140	+	not underlined.]
135	141