Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB01071 Comm Sub / Bill

Filed 04/19/2021

                     
 
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repealed and the following is substituted in lieu thereof (Effective October 2 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 Subsection (c) of section 2-90 of the general statutes is repealed 19 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.