Substitute Senate Bill No. 1071
Public Act No. 21-145
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
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(g) Each state agency shall keep its accounts in such form and by such
methods as to exhibit the facts required by said auditors and, the
provisions of any other general statute notwithstanding, shall make all
records and accounts available to them or their agents, upon demand.
Notwithstanding any provision of the general statutes, no state agency
may deny the auditors access to their records or accounts.
Sec. 2. (NEW) (Effective October 1, 2021) As used in this section,
"contract", "state contracting agency", "data" and "contractor" have the
same meanings as provided in section 4e-1 of the general statutes. Any
contract between a state contracting agency and a contractor that is
entered into, renewed or amended on or after October 1, 2021, shall
contain a provision authorizing the state contracting agency to access
any data concerning such contract that is in the possession or control of
the contractor upon demand in a format prescribed by the state Substitute Senate Bill No. 1071
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contracting agency at no additional cost to such agency.
Sec. 3. Subsection (c) of section 2-90 of the general statutes is repealed
and the following is substituted in lieu thereof (Effective October 1, 2021):
(c) Said auditors shall audit, on a biennial basis if deemed most
economical and efficient, or as frequently as they deem necessary, the
books and accounts, records of operations and activities, systems and
data of each officer, department, commission, board and court of the
state government, all institutions supported by the state and all public
and quasi-public bodies, politic and corporate, created by public or
special act of the General Assembly and not required to be audited or
subject to reporting requirements, under the provisions of chapter 111.
Each such audit may include an examination of any relevant
information concerning the department, commission, board or court of
state government being audited that is in the possession or control of a
private entity that has a contract with such department, commission,
board or court, and such information shall be provided upon demand
in a format prescribed by the auditors at no cost to the auditors or the
department, commission, board or court. Each such audit may include
an examination of performance in order to determine effectiveness in
achieving expressed legislative purposes. The auditors shall report their
findings and recommendations to the Governor, the State Comptroller
and the joint standing committee of the General Assembly having
cognizance of matters relating to appropriations and the budgets of state
agencies.
Sec. 4. (NEW) (Effective October 1, 2021) On and after October 1, 2021,
any state agency proposing to enter into or amend a contract for the
purchase of auditing services shall (1) notify the Auditors of Public
Accounts of such contract at least fifteen days prior to entering into or
amending such contract, and (2) not enter into or amend such contract
until the Auditors of Public Accounts have advised the agency whether
the auditing services could be provided by said auditors. As used in this Substitute Senate Bill No. 1071
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section, "state agency" has the same meaning as provided in section 4-
37e of the general statutes and "contract" does not include any personal
service agreement subject to section 4-215 or 4-216 of the general
statutes.
Sec. 5. Subsection (a) of section 10-91g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) As used in this section and sections 10-91h to 10-91l, inclusive,
"private provider of special education services" means any private
school or private agency or institution, including a group home, that
receives, directly or indirectly, any state or local funds as a result of
providing special education services to any student with an
individualized education program or for whom an individual services
plan has been written by the local or regional board of education
responsible for educating such student.
Sec. 6. Section 1-122 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
[The] In accordance with the provisions of section 2-90, as amended
by this act, the Auditors of Public Accounts shall biennially conduct a
compliance audit of each quasi-public agency's activities during the
agency's two fiscal years preceding each such audit or contract with a
person, firm or corporation for any such audit or audits. Each such audit
shall determine whether the quasi-public agency has complied with its
regulations concerning affirmative action, personnel practices, the
purchase of goods and services, the use of surplus funds and the
distribution of loans, grants and other financial assistance. Each audit
shall include a review of all or a representative sample of the agency's
activities in such areas during the relevant fiscal years. The Auditors of
Public Accounts shall submit each audit report to the Governor. Each
quasi-public agency shall pay the cost of conducting such biennial Substitute Senate Bill No. 1071
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compliance audit of the agency.
Sec. 7. Section 31-426 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) The Connecticut Retirement Security Authority shall keep an
accurate account of all its activities, receipts and expenditures and shall
submit, in accordance with the provisions of section 11-4a, a report
detailing such activities, receipts and expenditures to the Connecticut
Retirement Security Authority board of directors, the Governor, the
Office of Auditors of Public Accounts and the joint standing committees
of the General Assembly having cognizance of matters relating to labor
and finance, revenue and bonding on or before December thirty-first
annually. Such report shall be in a form prescribed by the board and
shall include projected activities of the authority for the next fiscal year.
[and shall be subject to approval by the Auditors of Public Accounts.]
(b) The Auditors of Public Accounts may conduct a full audit of the
books and accounts of the authority pertaining to such activities,
receipts and expenditures, personnel, services or facilities, in accordance
with the provisions of chapter 12 and section 2-90, as amended by this
act. For the purposes of such audit, the Auditors of Public Accounts shall
have access to the properties and records of the authority. [, and may
prescribe methods of accounting and the rendering of periodical reports
in relation to projects undertaken by the authority.]
(c) The authority shall enter into memoranda of understanding with
the State Comptroller pursuant to which the authority shall provide, in
such form and manner as prescribed by the State Comptroller,
information that may include, but need not be limited to, the current
revenues and expenses of the authority, the sources or recipients of such
revenues or expenses, the date such revenues or expenses were received
or dispersed and the amount and the category of such revenues or
expenses. The State Comptroller shall also enter into such memoranda Substitute Senate Bill No. 1071
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of understanding.
Sec. 8. Subsection (e) of section 4b-21 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(e) After receiving notification from the secretary that such land,
improvement or interest may be treated as surplus, the Commissioner
of Administrative Services shall offer to convey such land, improvement
or interest to the municipality in which the land, improvement or
interest is located, including, but not limited to, by selling, leasing,
exchanging or entering into agreements concerning such land,
improvement or interest, provided (1) prior to such conveyance, the
municipality by vote of its legislative body accepts such conveyance,
and (2) a resolution of such municipal action, verified by the clerk of the
municipality, is delivered to the Commissioner of Administrative
Services not more than [one hundred twenty] sixty days after receiving
notice from the commissioner regarding the proposed conveyance. If
the municipality fails to deliver such resolution to the commissioner
within such [one-hundred-twenty-day] sixty-day period, the
municipality shall be deemed to have declined the proposed
conveyance, provided the commissioner may extend the [one-hundred-
twenty-day period] sixty-day deadline by not more than an additional
[sixty] thirty days. The municipality shall waive all rights to purchase
the land, improvement, interest or part thereof if the municipality
declines or is deemed to have declined the conveyance of such land,
improvement, interest or part thereof.
Sec. 9. Section 8-260 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
Within the first ninety days of each calendar year, the authority shall
report on its operations for the preceding calendar year to the Governor.
The authority shall make a report to the General Assembly on or before Substitute Senate Bill No. 1071
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March fifteenth in each year that the General Assembly meets in general
session. The report shall include a summary of the activities of the
authority, a complete operating and financial statement and
recommendations for legislation to promote the purposes of the
authority. The accounts of the authority shall be subject to [annual]
biennial audits by the State Auditors of Public Accounts.
Sec. 10. Section 15-120kk of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
On or before December fifteenth each year, the authority shall report,
in accordance with the provisions of section 11-4a, to the Governor and
the joint standing committees of the General Assembly having
cognizance of matters relating to transportation and commerce. Such
report shall include a summary of the activities of the authority, a
complete operating and financial statement and recommendations for
legislation to promote the purposes of the authority. The accounts of the
authority shall be subject to [annual] biennial audits by the state
Auditors of Public Accounts.
Sec. 11. Section 32-42 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
The corporation shall be subject to examination by the State
Treasurer. The accounts of the corporation shall be subject to [annual]
biennial audits by the State Auditors of Public Accounts.
Sec. 12. Section 1-86e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) No person hired by the state as a consultant or independent
contractor, and no person employed by such consultant or independent
contractor, shall:
(1) Use the authority provided [to the person] under the contract, or Substitute Senate Bill No. 1071
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any confidential information acquired in the performance of the
contract, to obtain financial gain for the [person] consultant or
independent contractor, an employee of the [person] consultant or
independent contractor or a member of the immediate family of any
such [person] consultant, independent contractor or employee;
(2) Accept another state contract which would impair the
independent judgment of the [person] consultant, independent
contractor or employee in the performance of the existing contract; or
(3) Accept anything of value based on an understanding that the
actions of the [person] consultant, independent contractor or employee
on behalf of the state would be influenced.
(b) No person shall give anything of value to a person hired by the
state as a consultant or independent contractor or an employee of a
consultant or independent contractor based on an understanding that
the actions of the consultant, [or] independent contractor or employee
on behalf of the state would be influenced.
Sec. 13. Subsection (a) of section 10-292 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) Upon receipt by the Commissioner of Administrative Services of
the final plans for any phase of a school building project as provided in
section 10-291, said commissioner shall promptly review such plans and
check them to the extent appropriate for the phase of development or
construction for which final plans have been submitted to determine
whether they conform with the requirements of the Fire Safety Code,
the Department of Public Health, the life-cycle cost analysis approved
by the Commissioner of Administrative Services, the State Building
Code and the state and federal standards for design and construction of
public buildings to meet the needs of persons with disabilities and the Substitute Senate Bill No. 1071
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school safety infrastructure criteria, developed by the School Safety
Infrastructure Council, pursuant to section 10-292r, and if acceptable a
final written approval of such phase shall be sent to the town or regional
board of education and the school building committee. No phase of a
school building project, subject to the provisions of subsection (c) or (d)
of this section, shall go out for bidding purposes prior to such written
approval.
Sec. 14. Section 22a-263 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
The directors of the authority shall meet at least monthly at the call
of the chairman and may meet more frequently if necessary and
desirable. It shall maintain at all times minutes of its meetings including
its considerations, deliberations, decisions and resolutions, which
minutes shall be considered public records. It shall maintain all
necessary records and data with respect to its operations and shall
report quarterly to the Governor and annually to the General Assembly,
upon its operations. Such reports shall include but not be limited to a
listing of the number and type of waste management service contracts
entered into with local government units and persons, and the charges
therefor; a listing of the contracts entered into for the services of private
industry in the operation of systems and facilities; a map showing the
location of all facilities owned or leased by the authority; a schedule of
the amounts of waste received and processed in such facilities; a listing
of the outstanding issues of notes and bonds of the authority and the
payment status thereof; a budget showing the administrative expenses
of the authority; a report of revenues of the authority from all sources
and of the redistribution of any surplus revenues. The authority shall be
subject to audit by the state Auditors of Public Accounts in accordance
with [normal audit practices prescribed for departments, boards,
commissions and other agencies of the state] chapter 12 and section 2-
90, as amended by this act. Substitute Senate Bill No. 1071
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Sec. 15. Subsection (c) of section 10-357b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(c) The State Education Resource Center shall be subject to (1) rules,
regulations and restrictions on purchasing, procurement, personal
service agreements and the disposition of assets generally applicable to
Connecticut state agencies, including those contained in titles 4, 4a and
4b and section 4e-19, and (2) audit by the Auditors of Public Accounts
under chapter 12 and section 2-90, as amended by this act.
Sec. 16. Subsection (d) of section 17a-10c of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(d) On and after January 1, 2020, the caseworker of any child placed
in an out-of-home placement by the Commissioner of Children and
Families pursuant to an order of temporary custody or commitment
shall meet in private with the child annually and any time the child is
placed in a new out-of-home placement, provided the child is of an
appropriate age. At such meeting, the caseworker shall, if applicable
and appropriate: (1) Provide the child with a copy of the Sibling Bill of
Rights, (2) review the Sibling Bill of Rights with the child, and (3) explain
to the child that the child may contact the caseworker, the child's
attorney, the Department of Children and Families regional office, the
Office of Community Relations within the Department of Children and
Families [Office of the Ombudsman] or the Office of the Child Advocate
if the child feels that his or her rights under the Sibling Bill of Rights
have been violated, and provide the child with contact information for
such caseworker, such regional office, the Office of Community
Relations within the Department of Children and Families [Office of the
Ombudsman] and the Office of the Child Advocate. The caseworker
shall certify to the commissioner on a form prescribed by the
commissioner that such caseworker has complied with the provisions of Substitute Senate Bill No. 1071
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this subsection. Such form shall include (A) an acknowledgment, for
signature by the child, if appropriate, that such caseworker provided a
copy of the Sibling Bill of Rights to the child and reviewed the Sibling
Bill of Rights with the child, and (B) notice that, if the child refuses to
sign such acknowledgment, such caseworker shall indicate on the form
that the child refused to sign such acknowledgment.
Sec. 17. Subsection (d) of section 17a-10e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(d) The caseworker of any child placed in an out-of-home placement
by the Commissioner of Children and Families pursuant to an order of
temporary custody or commitment shall meet in private with the child
annually and any time the child is placed in a new out-of-home
placement, provided the child is of an appropriate age. At such meeting,
the caseworker shall: (1) Provide the child with a copy of the Children
in Care Bill of Rights and Expectations, (2) review the Children in Care
Bill of Rights and Expectations with the child, (3) explain to the child
that the child may contact the caseworker, the child's attorney, the
Department of Children and Families regional office, the Office of
Community Relations within the Department of Children and Families
[Office of the Ombudsman] or the Office of the Child Advocate if the
child feels that his or her rights have been violated or expectations have
not been met under the Children in Care Bill of Rights and Expectations,
and provide the child with contact information for such caseworker,
such regional office, the Office of Community Relations within the
Department of Children and Families [Office of the Ombudsman] and
the Office of the Child Advocate, and (4) explain to the child that if the
child is in physical danger or experiences a medical emergency, the child
may dial or send a text message to 9-1-1. The caseworker shall certify to
the commissioner on a form prescribed by the commissioner that such
caseworker has complied with the provisions of this subsection. Such Substitute Senate Bill No. 1071
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form shall include (A) an acknowledgment, for signature by the child, if
appropriate, that such caseworker provided a copy of the Children in
Care Bill of Rights and Expectations to the child and reviewed the
Children in Care Bill of Rights and Expectations with the child, and (B)
notice that, if the child refuses to sign such acknowledgment, such
caseworker shall indicate on the form that the child refused to sign such
acknowledgment.
Sec. 18. Section 2-90b of the general statutes is repealed. (Effective
October 1, 2021)