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 Section 4-215 of the general statutes is repealed and the 1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repealed and the following is substituted in lieu thereof (Effective 27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