LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071-R01- SB.docx 1 of 11 General Assembly Substitute Bill No. 1071 January Session, 2021 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. Subsection (g) of section 2-90 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective October 2 1, 2021): 3 (g) Each state agency shall keep its accounts in such form and by such 4 methods as to exhibit the facts required by said auditors and, the 5 provisions of any other general statute notwithstanding, shall make all 6 records and accounts available to them or their agents, upon demand. 7 Notwithstanding any provision of the general statutes, no state agency 8 may deny the auditors access to their records or accounts. 9 Sec. 2. (NEW) (Effective October 1, 2021) As used in this section, 10 "contract", "state contracting agency", "data" and "contractor" have the 11 same meanings as provided in section 4e-1 of the general statutes. Any 12 contract between a state contracting agency and a contractor that is 13 entered into, renewed or amended on or after October 1, 2021, shall 14 contain a provision authorizing the state contracting agency to access 15 any data concerning such contract that is in the possession or control of 16 the contractor upon demand in a format prescribed by the state 17 contracting agency at no additional cost to such agency. 18 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 2 of 11 Sec. 3. Subsection (c) of section 2-90 of the general statutes is repealed 19 and the following is substituted in lieu thereof (Effective October 1, 2021): 20 (c) Said auditors shall audit, on a biennial basis if deemed most 21 economical and efficient, or as frequently as they deem necessary, the 22 books and accounts, records of operations and activities, systems and 23 data of each officer, department, commission, board and court of the 24 state government, all institutions supported by the state and all public 25 and quasi-public bodies, politic and corporate, created by public or 26 special act of the General Assembly and not required to be audited or 27 subject to reporting requirements, under the provisions of chapter 111. 28 Each such audit may include an examination of any relevant 29 information concerning the department, commission, board or court of 30 state government being audited that is in the possession or control of a 31 private entity that has a contract with such department, commission, 32 board or court, and such information shall be provided upon demand 33 in a format prescribed by the auditors at no cost to the auditors or the 34 department, commission, board or court. Each such audit may include 35 an examination of performance in order to determine effectiveness in 36 achieving expressed legislative purposes. The auditors shall report their 37 findings and recommendations to the Governor, the State Comptroller 38 and the joint standing committee of the General Assembly having 39 cognizance of matters relating to appropriations and the budgets of state 40 agencies. 41 Sec. 4. (NEW) (Effective October 1, 2021) On and after October 1, 2021, 42 any state agency proposing to enter into or amend a contract for the 43 purchase of auditing services shall (1) notify the Auditors of Public 44 Accounts of such contract at least fifteen days prior to entering into or 45 amending such contract, and (2) not enter into or amend such contract 46 until the Auditors of Public Accounts have advised the agency whether 47 the auditing services could be provided by said auditors. As used in this 48 section, "state agency" has the same meaning as provided in section 4-49 37e of the general statutes and "contract" does not include any personal 50 service agreement subject to section 4-215 or 4-216 of the general 51 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 3 of 11 statutes. 52 Sec. 5. Subsection (a) of section 10-91g of the general statutes is 53 repealed and the following is substituted in lieu thereof (Effective October 54 1, 2021): 55 (a) As used in this section and sections 10-91h to 10-91l, inclusive, 56 "private provider of special education services" means any private 57 school or private agency or institution, including a group home, that 58 receives, directly or indirectly, any state or local funds as a result of 59 providing special education services to any student with an 60 individualized education program or for whom an individual services 61 plan has been written by the local or regional board of education 62 responsible for educating such student. 63 Sec. 6. Section 1-122 of the general statutes is repealed and the 64 following is substituted in lieu thereof (Effective October 1, 2021): 65 [The] In accordance with the provisions of section 2-90, as amended 66 by this act, the Auditors of Public Accounts shall biennially conduct a 67 compliance audit of each quasi-public agency's activities during the 68 agency's two fiscal years preceding each such audit or contract with a 69 person, firm or corporation for any such audit or audits. Each such audit 70 shall determine whether the quasi-public agency has complied with its 71 regulations concerning affirmative action, personnel practices, the 72 purchase of goods and services, the use of surplus funds and the 73 distribution of loans, grants and other financial assistance. Each audit 74 shall include a review of all or a representative sample of the agency's 75 activities in such areas during the relevant fiscal years. The Auditors of 76 Public Accounts shall submit each audit report to the Governor. Each 77 quasi-public agency shall pay the cost of conducting such biennial 78 compliance audit of the agency. 79 Sec. 7. Section 31-426 of the general statutes is repealed and the 80 following is substituted in lieu thereof (Effective October 1, 2021): 81 (a) The Connecticut Retirement Security Authority shall keep an 82 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 4 of 11 accurate account of all its activities, receipts and expenditures and shall 83 submit, in accordance with the provisions of section 11-4a, a report 84 detailing such activities, receipts and expenditures to the Connecticut 85 Retirement Security Authority board of directors, the Governor, the 86 Office of Auditors of Public Accounts and the joint standing committees 87 of the General Assembly having cognizance of matters relating to labor 88 and finance, revenue and bonding on or before December thirty-first 89 annually. Such report shall be in a form prescribed by the board and 90 shall include projected activities of the authority for the next fiscal year. 91 [and shall be subject to approval by the Auditors of Public Accounts.] 92 (b) The Auditors of Public Accounts may conduct a full audit of the 93 books and accounts of the authority pertaining to such activities, 94 receipts and expenditures, personnel, services or facilities, in accordance 95 with the provisions of chapter 12 and section 2-90, as amended by this 96 act. For the purposes of such audit, the Auditors of Public Accounts shall 97 have access to the properties and records of the authority. [, and may 98 prescribe methods of accounting and the rendering of periodical reports 99 in relation to projects undertaken by the authority.] 100 (c) The authority shall enter into memoranda of understanding with 101 the State Comptroller pursuant to which the authority shall provide, in 102 such form and manner as prescribed by the State Comptroller, 103 information that may include, but need not be limited to, the current 104 revenues and expenses of the authority, the sources or recipients of such 105 revenues or expenses, the date such revenues or expenses were received 106 or dispersed and the amount and the category of such revenues or 107 expenses. The State Comptroller shall also enter into such memoranda 108 of understanding. 109 Sec. 8. Subsection (e) of section 4b-21 of the general statutes is 110 repealed and the following is substituted in lieu thereof (Effective July 1, 111 2021): 112 (e) After receiving notification from the secretary that such land, 113 improvement or interest may be treated as surplus, the Commissioner 114 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 5 of 11 of Administrative Services shall offer to convey such land, improvement 115 or interest to the municipality in which the land, improvement or 116 interest is located, including, but not limited to, by selling, leasing, 117 exchanging or entering into agreements concerning such land, 118 improvement or interest, provided (1) prior to such conveyance, the 119 municipality by vote of its legislative body accepts such conveyance, 120 and (2) a resolution of such municipal action, verified by the clerk of the 121 municipality, is delivered to the Commissioner of Administrative 122 Services not more than [one hundred twenty] sixty days after receiving 123 notice from the commissioner regarding the proposed conveyance. If 124 the municipality fails to deliver such resolution to the commissioner 125 within such [one-hundred-twenty-day] sixty-day period, the 126 municipality shall be deemed to have declined the proposed 127 conveyance, provided the commissioner may extend the [one-hundred-128 twenty-day period] sixty-day deadline by not more than an additional 129 [sixty] thirty days. The municipality shall waive all rights to purchase 130 the land, improvement, interest or part thereof if the municipality 131 declines or is deemed to have declined the conveyance of such land, 132 improvement, interest or part thereof. 133 Sec. 9. Section 8-260 of the general statutes is repealed and the 134 following is substituted in lieu thereof (Effective October 1, 2021): 135 Within the first ninety days of each calendar year, the authority shall 136 report on its operations for the preceding calendar year to the Governor. 137 The authority shall make a report to the General Assembly on or before 138 March fifteenth in each year that the General Assembly meets in general 139 session. The report shall include a summary of the activities of the 140 authority, a complete operating and financial statement and 141 recommendations for legislation to promote the purposes of the 142 authority. The accounts of the authority shall be subject to [annual] 143 biennial audits by the State Auditors of Public Accounts. 144 Sec. 10. Section 15-120kk of the general statutes is repealed and the 145 following is substituted in lieu thereof (Effective October 1, 2021): 146 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 6 of 11 On or before December fifteenth each year, the authority shall report, 147 in accordance with the provisions of section 11-4a, to the Governor and 148 the joint standing committees of the General Assembly having 149 cognizance of matters relating to transportation and commerce. Such 150 report shall include a summary of the activities of the authority, a 151 complete operating and financial statement and recommendations for 152 legislation to promote the purposes of the authority. The accounts of the 153 authority shall be subject to [annual] biennial audits by the state 154 Auditors of Public Accounts. 155 Sec. 11. Section 32-42 of the general statutes is repealed and the 156 following is substituted in lieu thereof (Effective October 1, 2021): 157 The corporation shall be subject to examination by the State 158 Treasurer. The accounts of the corporation shall be subject to [annual] 159 biennial audits by the State Auditors of Public Accounts. 160 Sec. 12. Section 1-86e of the general statutes is repealed and the 161 following is substituted in lieu thereof (Effective October 1, 2021): 162 (a) No person hired by the state as a consultant or independent 163 contractor, and no person employed by such consultant or independent 164 contractor, shall: 165 (1) Use the authority provided [to the person] under the contract, or 166 any confidential information acquired in the performance of the 167 contract, to obtain financial gain for the [person] consultant or 168 independent contractor, an employee of the [person] consultant or 169 independent contractor or a member of the immediate family of any 170 such [person] consultant, independent contractor or employee; 171 (2) Accept another state contract which would impair the 172 independent judgment of the [person] consultant, independent 173 contractor or employee in the performance of the existing contract; or 174 (3) Accept anything of value based on an understanding that the 175 actions of the [person] consultant, independent contractor or employee 176 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 7 of 11 on behalf of the state would be influenced. 177 (b) No person shall give anything of value to a person hired by the 178 state as a consultant or independent contractor or an employee of a 179 consultant or independent contractor based on an understanding that 180 the actions of the consultant, [or] independent contractor or employee 181 on behalf of the state would be influenced. 182 Sec. 13. Subsection (a) of section 10-292 of the general statutes is 183 repealed and the following is substituted in lieu thereof (Effective October 184 1, 2021): 185 (a) Upon receipt by the Commissioner of Administrative Services of 186 the final plans for any phase of a school building project as provided in 187 section 10-291, said commissioner shall promptly review such plans and 188 check them to the extent appropriate for the phase of development or 189 construction for which final plans have been submitted to determine 190 whether they conform with the requirements of the Fire Safety Code, 191 the Department of Public Health, the life-cycle cost analysis approved 192 by the Commissioner of Administrative Services, the State Building 193 Code and the state and federal standards for design and construction of 194 public buildings to meet the needs of persons with disabilities and the 195 school safety infrastructure criteria, developed by the School Safety 196 Infrastructure Council, pursuant to section 10-292r, and if acceptable a 197 final written approval of such phase shall be sent to the town or regional 198 board of education and the school building committee. No phase of a 199 school building project, subject to the provisions of subsection (c) or (d) 200 of this section, shall go out for bidding purposes prior to such written 201 approval. 202 Sec. 14. Section 22a-263 of the general statutes is repealed and the 203 following is substituted in lieu thereof (Effective October 1, 2021): 204 The directors of the authority shall meet at least monthly at the call 205 of the chairman and may meet more frequently if necessary and 206 desirable. It shall maintain at all times minutes of its meetings including 207 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 8 of 11 its considerations, deliberations, decisions and resolutions, which 208 minutes shall be considered public records. It shall maintain all 209 necessary records and data with respect to its operations and shall 210 report quarterly to the Governor and annually to the General Assembly, 211 upon its operations. Such reports shall include but not be limited to a 212 listing of the number and type of waste management service contracts 213 entered into with local government units and persons, and the charges 214 therefor; a listing of the contracts entered into for the services of private 215 industry in the operation of systems and facilities; a map showing the 216 location of all facilities owned or leased by the authority; a schedule of 217 the amounts of waste received and processed in such facilities; a listing 218 of the outstanding issues of notes and bonds of the authority and the 219 payment status thereof; a budget showing the administrative expenses 220 of the authority; a report of revenues of the authority from all sources 221 and of the redistribution of any surplus revenues. The authority shall be 222 subject to audit by the state Auditors of Public Accounts in accordance 223 with [normal audit practices prescribed for departments, boards, 224 commissions and other agencies of the state] chapter 12 and section 2-225 90, as amended by this act. 226 Sec. 15. Subsection (c) of section 10-357b of the general statutes is 227 repealed and the following is substituted in lieu thereof (Effective October 228 1, 2021): 229 (c) The State Education Resource Center shall be subject to (1) rules, 230 regulations and restrictions on purchasing, procurement, personal 231 service agreements and the disposition of assets generally applicable to 232 Connecticut state agencies, including those contained in titles 4, 4a and 233 4b and section 4e-19, and (2) audit by the Auditors of Public Accounts 234 under chapter 12 and section 2-90, as amended by this act. 235 Sec. 16. Subsection (d) of section 17a-10c of the general statutes is 236 repealed and the following is substituted in lieu thereof (Effective October 237 1, 2021): 238 (d) On and after January 1, 2020, the caseworker of any child placed 239 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 9 of 11 in an out-of-home placement by the Commissioner of Children and 240 Families pursuant to an order of temporary custody or commitment 241 shall meet in private with the child annually and any time the child is 242 placed in a new out-of-home placement, provided the child is of an 243 appropriate age. At such meeting, the caseworker shall, if applicable 244 and appropriate: (1) Provide the child with a copy of the Sibling Bill of 245 Rights, (2) review the Sibling Bill of Rights with the child, and (3) explain 246 to the child that the child may contact the caseworker, the child's 247 attorney, the Department of Children and Families regional office, the 248 Office of Community Relations within the Department of Children and 249 Families [Office of the Ombudsman] or the Office of the Child Advocate 250 if the child feels that his or her rights under the Sibling Bill of Rights 251 have been violated, and provide the child with contact information for 252 such caseworker, such regional office, the Office of Community 253 Relations within the Department of Children and Families [Office of the 254 Ombudsman] and the Office of the Child Advocate. The caseworker 255 shall certify to the commissioner on a form prescribed by the 256 commissioner that such caseworker has complied with the provisions of 257 this subsection. Such form shall include (A) an acknowledgment, for 258 signature by the child, if appropriate, that such caseworker provided a 259 copy of the Sibling Bill of Rights to the child and reviewed the Sibling 260 Bill of Rights with the child, and (B) notice that, if the child refuses to 261 sign such acknowledgment, such caseworker shall indicate on the form 262 that the child refused to sign such acknowledgment. 263 Sec. 17. Subsection (d) of section 17a-10e of the general statutes is 264 repealed and the following is substituted in lieu thereof (Effective October 265 1, 2021): 266 (d) The caseworker of any child placed in an out-of-home placement 267 by the Commissioner of Children and Families pursuant to an order of 268 temporary custody or commitment shall meet in private with the child 269 annually and any time the child is placed in a new out-of-home 270 placement, provided the child is of an appropriate age. At such meeting, 271 the caseworker shall: (1) Provide the child with a copy of the Children 272 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 10 of 11 in Care Bill of Rights and Expectations, (2) review the Children in Care 273 Bill of Rights and Expectations with the child, (3) explain to the child 274 that the child may contact the caseworker, the child's attorney, the 275 Department of Children and Families regional office, the Office of 276 Community Relations within the Department of Children and Families 277 [Office of the Ombudsman] or the Office of the Child Advocate if the 278 child feels that his or her rights have been violated or expectations have 279 not been met under the Children in Care Bill of Rights and Expectations, 280 and provide the child with contact information for such caseworker, 281 such regional office, the Office of Community Relations within the 282 Department of Children and Families [Office of the Ombudsman] and 283 the Office of the Child Advocate, and (4) explain to the child that if the 284 child is in physical danger or experiences a medical emergency, the child 285 may dial or send a text message to 9-1-1. The caseworker shall certify to 286 the commissioner on a form prescribed by the commissioner that such 287 caseworker has complied with the provisions of this subsection. Such 288 form shall include (A) an acknowledgment, for signature by the child, if 289 appropriate, that such caseworker provided a copy of the Children in 290 Care Bill of Rights and Expectations to the child and reviewed the 291 Children in Care Bill of Rights and Expectations with the child, and (B) 292 notice that, if the child refuses to sign such acknowledgment, such 293 caseworker shall indicate on the form that the child refused to sign such 294 acknowledgment. 295 Sec. 18. Section 2-90b of the general statutes is repealed. (Effective 296 October 1, 2021)297 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 2-90(g) Sec. 2 October 1, 2021 New section Sec. 3 October 1, 2021 2-90(c) Sec. 4 October 1, 2021 New section Sec. 5 October 1, 2021 10-91g(a) Sec. 6 October 1, 2021 1-122 Substitute Bill No. 1071 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01071- R01-SB.docx } 11 of 11 Sec. 7 October 1, 2021 31-426 Sec. 8 July 1, 2021 4b-21(e) Sec. 9 October 1, 2021 8-260 Sec. 10 October 1, 2021 15-120kk Sec. 11 October 1, 2021 32-42 Sec. 12 October 1, 2021 1-86e Sec. 13 October 1, 2021 10-292(a) Sec. 14 October 1, 2021 22a-263 Sec. 15 October 1, 2021 10-357b(c) Sec. 16 October 1, 2021 17a-10c(d) Sec. 17 October 1, 2021 17a-10e(d) Sec. 18 October 1, 202 Repealer section GAE Joint Favorable Subst.