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General Assembly Substitute Bill No. 5495
February Session, 2022
AN ACT REESTABLISHING THE LEGISLATIVE PROGRAM REVIEW
AND INVESTIGATIONS COMMITTEE AND CONCERNING STATE
CONTRACTOR PREQUALIFICATION AND REAL ESTATE
ACQUISITIONS OF THE UNIVERSITY OF CONNECTICUT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2022) (a) As used in this section and 1
sections 2 and 3 of this act: 2
(1) "Program review" means an examination of programs 3
administered by state departments and agencies to ascertain whether 4
such programs are effective, continue to serve their intended purposes, 5
are conducted in an efficient and effective manner or require 6
modification or elimination; and 7
(2) "Investigation" means the investigation of any matter which is 8
referred to the Legislative Program Review and Investigations 9
Committee as provided in section 2 of this act. 10
(b) There is hereby reestablished a Legislative Program Review and 11
Investigations Committee, which shall be a permanent standing 12
committee of the General Assembly, consisting of (1) six members of the 13
Senate, three appointed by the president pro tempore and three 14
appointed by the minority leader, and (2) six members of the House of 15 Substitute Bill No. 5495
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Representatives, three appointed by the speaker of the House of 16
Representatives and three appointed by the minority leader. Members 17
shall serve for a term of two years from the date of appointment. 18
(c) The appointments of the members shall be made at the beginning 19
of each regular session of the General Assembly in the odd-numbered 20
year. The terms of all members appointed to the committee shall end 21
with the termination of each member's term or holding of office, 22
whichever occurs first. Vacancies shall be filled in the same manner as 23
the original appointments. The committee shall select cochairpersons 24
and such other officers as it may deem necessary from among its 25
membership. 26
(d) A majority of the membership shall constitute a quorum and all 27
actions of the committee shall require the affirmative vote of a majority 28
of the full committee membership. The cochairpersons and ranking 29
minority members of the joint standing committee requesting an 30
investigation shall serve as nonvoting, ex-officio members of the 31
Legislative Program Review and Investigations Committee during the 32
course of such investigation. 33
Sec. 2. (NEW) (Effective July 1, 2022) (a) The Legislative Program 34
Review and Investigations Committee shall: 35
(1) Direct its staff and other legislative staff available to the committee 36
to conduct program reviews and investigations to assist the General 37
Assembly in the proper discharge of its duties; 38
(2) Establish policies and procedures regarding the printing, 39
reproduction and distribution of its reports; 40
(3) Review staff reports submitted to the committee and, when 41
necessary, confer with representatives of the state departments and 42
agencies reviewed in order to obtain full and complete information in 43
regard to programs, other activities and operations of the state, and may 44
request and shall be given access to and copies of, by all public officers, 45
departments, agencies and authorities of the state and its political 46 Substitute Bill No. 5495
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subdivisions, such public records, data and other information and given 47
such assistance as the committee determines it needs to fulfill its duties; 48
(4) Act on staff reports and recommend in its report, or propose, in 49
the form of a raised committee bill, such legislation as may be necessary 50
to modify current operations and agency practices; 51
(5) Consider and act on requests by members of the General 52
Assembly, legislative committees, elected officials of state government 53
and state department and agency heads for program reviews. The 54
request shall be submitted in writing to the Program Review and 55
Investigations Committee and shall state reasons to support the request. 56
The decision of the committee to grant or deny such a request shall be 57
final; 58
(6) Conduct investigations requested by joint resolution of the 59
General Assembly, or, when the General Assembly is not in session, (A) 60
requested by a joint standing committee of the General Assembly or 61
initiated by a majority vote of the Program Review and Investigations 62
Committee and approved by the Joint Committee on Legislative 63
Management, or (B) requested by the Joint Committee on Legislative 64
Management. In the event two or more investigations are requested, the 65
order of priority shall be determined by the Legislative Program Review 66
and Investigations Committee; 67
(7) Retain, within available appropriations, the services of 68
consultants, technical assistants, research and other personnel necessary 69
to assist in the conduct of program reviews and investigations; 70
(8) Originate, and report to the General Assembly, any bill it deems 71
necessary concerning a program, department or other matter under 72
review or investigation by the committee, in the same manner as is 73
prescribed by rule for joint standing committees of the General 74
Assembly; 75
(9) Review audit reports after issuance by the Auditors of Public 76
Accounts, evaluate and sponsor new or revised legislation based on 77 Substitute Bill No. 5495
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audit findings, provide means to determine compliance with audit 78
recommendations and receive facts concerning any unauthorized, 79
illegal, irregular or unsafe handling or expenditures of state funds under 80
the provisions of section 2-90 of the general statutes, as amended by this 81
act; 82
(10) Meet as often as may be necessary, during legislative sessions 83
and during the periods between sessions, to perform its duties and 84
functions; and 85
(11) Shall report annually to the General Assembly on or before 86
February fifteenth. 87
(b) The committee may, at any time, study any matter within the 88
scope of a completed or partially completed staff report then being 89
conducted or may at its discretion study and consider any matter 90
relative to program activities of state departments and agencies. 91
(c) The identity of a public employee providing information to the 92
committee shall not be disclosed. In the course of an investigation, all 93
information, records of interviews, reports, statements, notes, 94
memoranda or other data in the custody of the or obtained or prepared 95
by the Legislative Program Review and Investigations Committee or its 96
staff shall not be subject to the provisions of section 1-210 of the general 97
statutes until the investigation is completed. Any statutory 98
requirements of confidentiality regarding any records, data and other 99
information submitted under subdivision (3) of subsection (a) of this 100
section, including penalties for violating such requirements, shall apply 101
to the committee, its staff and its other authorized representatives in the 102
same manner and to the same extent as such requirements and penalties 103
apply to any public officer, department, agency or authority of the state 104
or its political subdivisions. 105
Sec. 3. (NEW) (Effective July 1, 2022) (a) In any instance in which a 106
program review cites inadequate operating or administrative system 107
controls or procedures, inaccuracies, waste, extravagance, unauthorized 108 Substitute Bill No. 5495
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or unintended activities or programs, or other deficiencies, the 109
department head, agency head or the appropriate program officer or 110
official to which the report pertained shall take the necessary corrective 111
actions and when the committee deems the action taken to be not 112
suitable, the committee shall report the matter to the General Assembly 113
together with its recommendations. 114
(b) The committee shall report electronically the results of each 115
investigation together with its recommendations for any further action 116
to the General Assembly, in accordance with the provisions of section 117
11-4a of the general statutes. 118
Sec. 4. Section 1-122 of the 2022 supplement to the general statutes is 119
repealed and the following is substituted in lieu thereof (Effective July 1, 120
2022): 121
In accordance with the provisions of section 2-90, as amended by this 122
act, the Auditors of Public Accounts shall biennially conduct a 123
compliance audit of each quasi-public agency's activities during the 124
agency's two fiscal years preceding each such audit or contract with a 125
person, firm or corporation for any such audit or audits. Each such audit 126
shall determine whether the quasi-public agency has complied with its 127
regulations concerning affirmative action, personnel practices, the 128
purchase of goods and services, the use of surplus funds and the 129
distribution of loans, grants and other financial assistance. Each audit 130
shall include a review of all or a representative sample of the agency's 131
activities in such areas during the relevant fiscal years. The Auditors of 132
Public Accounts shall submit each audit report to the Governor and the 133
Legislative Program Review and Investigations Committee. Not later 134
than thirty days after receiving copies of an audit report from the 135
Auditors of Public Accounts, the Legislative Program Review and 136
Investigations Committee shall prepare an assessment of whether the 137
audit report complies with the requirements of this section and shall 138
submit the assessment and a copy of the audit report to the joint 139
standing committee of the General Assembly having cognizance of 140
matters relating to the quasi-public agency. Each quasi-public agency 141 Substitute Bill No. 5495
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shall pay the cost of conducting such biennial compliance audit of the 142
agency. 143
Sec. 5. Subsection (a) of section 1-123 of the general statutes is 144
repealed and the following is substituted in lieu thereof (Effective July 1, 145
2022): 146
(a) The board of directors of each quasi-public agency shall annually 147
submit a report to the Governor, [and] the Auditors of Public Accounts 148
and the Legislative Program Review and Investigations Committee. 149
Such report shall include, but need not be limited to, the following: (1) 150
A list of all bond issues for the preceding fiscal year, including, for each 151
such issue, the financial advisor and underwriters, whether the issue 152
was competitive, negotiated or privately placed, and the issue's face 153
value and net proceeds; (2) a list of all projects other than those 154
pertaining to owner-occupied housing or student loans receiving 155
financial assistance during the preceding fiscal year, including each 156
project's purpose, location, and the amount of funds provided by the 157
agency; (3) a list of all outside individuals and firms receiving in excess 158
of five thousand dollars in the form of loans, grants or payments for 159
services, except for individuals receiving loans for owner-occupied 160
housing and education; (4) a complete set of financial statements; (5) the 161
cumulative value of all bonds issued, the value of outstanding bonds, 162
and the amount of the state's contingent liability; (6) the affirmative 163
action policy statement, a description of the composition of the agency's 164
work force by race, sex, and occupation and a description of the agency's 165
affirmative action efforts; and (7) a description of planned activities for 166
the current fiscal year. Not later than thirty days after receiving such 167
report from the board of a quasi-public agency, the Legislative Program 168
Review and Investigations Committee shall prepare an assessment of 169
whether the report complies with the requirements of this section and 170
shall submit the assessment and a copy of the report to the joint standing 171
committee of the General Assembly having cognizance of matters 172
relating to the quasi-public agency. 173
Sec. 6. Section 2-46 of the general statutes is repealed and the 174 Substitute Bill No. 5495
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following is substituted in lieu thereof (Effective July 1, 2022): 175
(a) The president of the Senate, the speaker of the House of 176
Representatives, or a [chairman] chairperson of the whole, or of any 177
committee of either house, of the General Assembly, or either of the 178
chairpersons of the Legislative Program Review and Investigations 179
Committee, shall have the power to compel the attendance and 180
testimony of witnesses by subpoena and capias issued by any of them, 181
require the production of any necessary books, papers or other 182
documents and administer oaths to witnesses in any case under their 183
examination, including any program review or investigation, as defined 184
in section 1 of this act. Any person, summoned as a witness by the 185
authority of either house of the General Assembly or the Legislative 186
Program Review and Investigations Committee to give testimony or to 187
produce books, papers or other documents upon any matter under 188
inquiry before either house, or any committee of either house, of the 189
General Assembly, or a joint committee of both houses, who wilfully 190
makes default or, having appeared, refuses to be sworn or to answer any 191
question pertinent to the question under inquiry, shall be guilty of a 192
class A misdemeanor. 193
(b) Any individual who is subpoenaed to appear and testify before a 194
committee of the General Assembly or the Legislative Program Review 195
and Investigations Committee shall have the right to review a copy of 196
the transcript of his or her testimony and a reasonable amount of time 197
to question its accuracy prior to the public release of such transcript or 198
its permanent filing. 199
Sec. 7. Section 2-47 of the general statutes is repealed and the 200
following is substituted in lieu thereof (Effective July 1, 2022): 201
No witness shall be privileged to refuse to testify to any fact, or to 202
produce any paper, respecting which he is examined by either house of 203
the General Assembly, or by any committee of either house or any joint 204
committee of both houses, or by the Legislative Program Review and 205
Investigations Committee in any program review or investigation, as 206 Substitute Bill No. 5495
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defined in section 1 of this act, upon the ground that [his] such witness' 207
testimony to such fact or [his] production of such paper may tend to 208
disgrace [him] such witness or otherwise render [him] such witness 209
infamous. 210
Sec. 8. Subsections (c) to (e), inclusive, of section 2-90 of the 2022 211
supplement to the general statutes are repealed and the following is 212
substituted in lieu thereof (Effective July 1, 2022): 213
(c) Said auditors shall audit, on a biennial basis if deemed most 214
economical and efficient, or as frequently as they deem necessary, the 215
books and accounts, records of operations and activities, systems and 216
data of each officer, department, commission, board and court of the 217
state government, all institutions supported by the state and all public 218
and quasi-public bodies, politic and corporate, created by public or 219
special act of the General Assembly and not required to be audited or 220
subject to reporting requirements, under the provisions of chapter 111. 221
Each such audit may include an examination of any relevant 222
information concerning the department, commission, board or court of 223
state government being audited that is in the possession or control of a 224
private entity that has a contract with such department, commission, 225
board or court, and such information shall be provided upon demand 226
in a format prescribed by the auditors at no cost to the auditors or the 227
department, commission, board or court. Each such audit may include 228
an examination of performance in order to determine effectiveness in 229
achieving expressed legislative purposes. The auditors shall report their 230
findings and recommendations to the Governor, the State Comptroller, 231
[and] the joint standing committee of the General Assembly having 232
cognizance of matters relating to appropriations and the budgets of state 233
agencies and the Legislative Program Review and Investigations 234
Committee. 235
(d) The Auditors of Public Accounts may enter into such contractual 236
agreements as may be necessary for the discharge of their duties. Any 237
audit or report which is prepared by a person, firm or corporation 238
pursuant to any contract with the Auditors of Public Accounts shall bear 239 Substitute Bill No. 5495
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the signature of the person primarily responsible for the preparation of 240
such audit or report. As used in this subsection, the term "person" means 241
a natural person. 242
(e) (1) If the Auditors of Public Accounts discover, or if it should come 243
to their knowledge, that any unauthorized, illegal, irregular or unsafe 244
handling or expenditure of state funds or quasi-public agency funds or 245
any breakdown in the safekeeping of any resources of the state or a 246
quasi-public agency has occurred or is contemplated, they shall 247
forthwith report the facts to the Governor, the State Comptroller, the 248
clerk of each house of the General Assembly, the Legislative Program 249
Review and Investigations Committee and the Attorney General, except 250
that if a matter reported to the Auditors of Public Accounts pursuant to 251
section 4-33a is still under investigation by a state or quasi-public 252
agency, the Auditors of Public Accounts may give the agency a 253
reasonable amount of time to conduct such investigation prior to the 254
auditors reporting the matter to said officials. (2) If the Auditors of 255
Public Accounts decide to delay reporting such matter in accordance 256
with subdivision (1) of this subsection, the auditors shall immediately 257
notify the Attorney General of such decision. (3) Any Auditor of Public 258
Accounts neglecting to make the report required under subdivision (1) 259
of this subsection, or any agent of the auditors neglecting to report to 260
the Auditors of Public Accounts any such matter discovered by such 261
agent or coming to such agent's knowledge, shall be fined not more than 262
one hundred dollars or imprisoned not more than six months, or both. 263
Sec. 9. Subdivision (11) of subsection (g) of section 17a-28 of the 2022 264
supplement to the general statutes is repealed and the following is 265
substituted in lieu thereof (Effective July 1, 2022): 266
(11) The Governor, when requested in writing in the course of the 267
Governor's official functions, the Legislative Program Review and 268
Investigations Committee, the joint standing committee of the General 269
Assembly having cognizance of matters relating to human services, the 270
joint standing committee of the General Assembly having cognizance of 271
matters relating to the judiciary or the joint standing committee of the 272 Substitute Bill No. 5495
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General Assembly having cognizance of matters relating to children, 273
when requested in writing by any of such committees in the course of 274
such committee's official functions, and upon a majority vote of such 275
committee, provided no name or other identifying information is 276
disclosed unless such information is essential to the gubernatorial or 277
legislative purpose; 278
Sec. 10. Section 51-51l of the 2022 supplement to the general statutes 279
is repealed and the following is substituted in lieu thereof (Effective July 280
1, 2022): 281
(a) Except as provided in subsection (d) of this section, the Judicial 282
Review Council shall investigate every written complaint brought 283
before it alleging conduct under section 51-51i, and may initiate an 284
investigation of any judge, administrative law judge or family support 285
magistrate if (1) the council has reason to believe conduct under section 286
51-51i has occurred, or (2) previous complaints indicate a pattern of 287
behavior which would lead to a reasonable belief that conduct under 288
section 51-51i has occurred. The council shall, not later than five days 289
after such initiation of an investigation or receipt of such complaint, 290
notify by registered or certified mail any judge, administrative law 291
judge or family support magistrate under investigation or against 292
whom such complaint is filed. A copy of any such complaint shall 293
accompany such notice. The council shall also notify the complainant of 294
its receipt of such complaint not later than five days thereafter. Any 295
investigation to determine whether or not there is probable cause that 296
conduct under section 51-51i has occurred shall be confidential and any 297
individual called by the council for the purpose of providing 298
information shall not disclose his knowledge of such investigation to a 299
third party prior to the decision of the council on whether probable 300
cause exists, unless the respondent requests that such investigation and 301
disclosure be open, provided information known or obtained 302
independently of any such investigation shall not be confidential. The 303
judge, administrative law judge or family support magistrate shall have 304
the right to appear and be heard and to offer any information which may 305 Substitute Bill No. 5495
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tend to clear him of probable cause to believe he is guilty of conduct 306
under section 51-51i. The judge, administrative law judge or family 307
support magistrate shall also have the right to be represented by legal 308
counsel and examine and cross-examine witnesses. In conducting its 309
investigation under this subsection, the council may request that a court 310
furnish to the council a record or transcript of court proceedings, 311
including records and transcripts of juvenile matters pursuant to section 312
46b-124 and records and transcripts of cases involving youthful 313
offenders pursuant to section 54-76l, made or prepared by a court 314
reporter, assistant court reporter or monitor and the court shall, upon 315
such request, furnish such record or transcript. 316
(b) The Judicial Review Council shall, not later than three business 317
days after the termination of such investigation, notify the complainant, 318
if any, and the judge, administrative law judge or family support 319
magistrate that the investigation has been terminated and the results 320
thereof. If the council finds that conduct under section 51-51i has not 321
occurred, but the judge, administrative law judge or family support 322
magistrate has acted in a manner which gives the appearance of 323
impropriety or constitutes an unfavorable judicial or magisterial 324
practice, the council may issue an admonishment to the judge, 325
administrative law judge or family support magistrate recommending 326
a change in judicial or magisterial conduct or practice. If an 327
admonishment is issued, the council shall (1) notify the joint standing 328
committee of the General Assembly having cognizance of matters 329
relating to the judiciary that an admonishment was issued and provide 330
said committee with the substance of the admonishment, including 331
copies of the complaint file, and (2) inform the complainant, if any, that 332
an admonishment was issued if the admonishment is the result of 333
misconduct alleged in the complaint. Except as provided in subdivision 334
(1) of this subsection, the substance of the admonishment shall not be 335
disclosed to any person or organization. 336
(c) If a preliminary investigation indicates that probable cause exists 337
that the judge, administrative law judge or family support magistrate is 338 Substitute Bill No. 5495
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guilty of conduct under section 51-51i, the council shall hold a hearing 339
concerning the conduct or complaint. All hearings held pursuant to this 340
subsection shall be open. A judge, an administrative law judge or a 341
family support magistrate appearing before such a hearing shall be 342
entitled to counsel, to present evidence and to cross-examine witnesses. 343
The council shall make a record of all proceedings pursuant to this 344
subsection. The council shall not later than thirty days after the close of 345
such hearing publish its findings together with a memorandum of its 346
reasons therefor. 347
(d) No complaint against a judge, an administrative law judge or a 348
family support magistrate alleging conduct under section 51-51i shall be 349
brought under this section but within one year from the date the alleged 350
conduct occurred or was discovered or in the exercise of reasonable care 351
should have been discovered, except that no such complaint may be 352
brought more than three years from the date the alleged conduct 353
occurred. 354
(e) Notwithstanding the provisions of subsections (a) and (b) of this 355
section, the council shall disclose any information concerning 356
complaints received by the council on and after January 1, 1978, 357
investigations and disposition of such complaints to the Legislative 358
Program Review and Investigations Committee when requested by the 359
committee in the course of its functions, in writing and upon a majority 360
vote of the committee, provided no names or other identifying 361
information shall be disclosed. 362
[(e)] (f) On and after December 19, 1991, any judge, administrative 363
law judge or family support magistrate who has been the subject of an 364
investigation by the Judicial Review Council as a result of a complaint 365
brought before such council may request that such complaint, 366
investigation and the disposition of such complaint be open to public 367
inspection. 368
[(f)] (g) Whenever a complaint against a judge, an administrative law 369
judge or a family support magistrate is pending before the Judicial 370 Substitute Bill No. 5495
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Review Council within the final year of the term of office of such judge, 371
administrative law judge or family support magistrate, the Judicial 372
Review Council shall designate such complaint as privileged and shall 373
conduct an expedited investigation and hearing so that its duties with 374
respect to such complaint are completed in sufficient time to enable the 375
Judicial Review Council to make its recommendation concerning any 376
such judge to the Judicial Selection Commission and the Governor 377
under section 51-51q in a timely manner. 378
Sec. 11. Subsection (c) of section 4a-100 of the 2022 supplement to the 379
general statutes is repealed and the following is substituted in lieu 380
thereof (Effective October 1, 2022): 381
(c) The application form shall, at a minimum, require the applicant to 382
supply information concerning: 383
(1) The applicant's form of organization; 384
(2) The applicant's principals and key personnel and any names 385
under which the applicant, principals or key personnel conducted 386
business during the past five years; 387
(3) Any legal or administrative proceedings pending, settled or 388
concluded adversely against the applicant or any of the applicant's 389
principals or key personnel within the past five years which relate to the 390
procurement or performance of any public or private construction 391
contract; 392
(4) Any legal or administrative proceedings concluded adversely 393
against the applicant or any of the applicant's principals or key 394
personnel within the past five years which relate to the nonpayment or 395
underpayment of wages or benefits to the applicant's, principal's or key 396
personnel's employees during the performance of any public or private 397
construction contract; 398
(5) Any administrative proceedings that concluded adversely against 399
the applicant during the past five years with the imposition of any civil 400 Substitute Bill No. 5495
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penalties pursuant to section 31-69a or the issuance of any stop work 401
orders pursuant to section 31-288; 402
[(5)] (6) The nature of any financial, personal or familial relationship 403
between the applicant and any public or private construction project 404
owner listed on the application as constituting construction experience; 405
[(6)] (7) A statement of whether (A) the applicant has been 406
disqualified pursuant to section 4b-95, this section or section 31-57c or 407
31-57d, (B) the applicant is disqualified or prohibited from being 408
awarded a contract pursuant to section 31-57b, (C) the applicant has 409
been disqualified by another state, (D) the applicant has been 410
disqualified by a federal agency or pursuant to federal law, (E) the 411
applicant's registration has been suspended or revoked by the 412
Department of Consumer Protection pursuant to section 20-341gg, (F) 413
the applicant has been disqualified by a municipality, and (G) the 414
matters that gave rise to any such disqualification, suspension or 415
revocation have been eliminated or remedied; and 416
[(7)] (8) Other information as the commissioner deems relevant to the 417
determination of the applicant's qualifications and responsibilities. 418
Sec. 12. Subdivision (2) of subsection (k) of section 4a-100 of the 2022 419
supplement to the general statutes is repealed and the following is 420
substituted in lieu thereof (Effective October 1, 2022): 421
(2) The commissioner shall deny or revoke the prequalification of any 422
contractor or substantial subcontractor if the commissioner finds that 423
the contractor or substantial subcontractor, or a principal or key 424
personnel of such contractor or substantial subcontractor, within the 425
past five years (A) has included any materially false statement in a 426
prequalification application or update statement, (B) has withheld any 427
information or documentation required in a prequalification 428
application, (C) has been convicted of, entered a plea of guilty or nolo 429
contendere for, or admitted to, a crime related to the procurement or 430
performance of any public or private construction contract, or [(C)] (D) 431 Substitute Bill No. 5495
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has otherwise engaged in fraud in obtaining or maintai ning 432
prequalification. Any revocation made pursuant to this subsection shall 433
be made only after an opportunity for a hearing. Any contractor or 434
substantial subcontractor whose prequalification has been revoked 435
pursuant to this subsection shall be disqualified for a period of two years 436
after which the contractor or substantial subcontractor may reapply for 437
prequalification, except that a contractor or substantial subcontractor 438
whose prequalification has been revoked on the basis of conviction of a 439
crime or engaging in fraud shall be disqualified for a period of five years 440
after which the contractor or substantial subcontractor may reapply for 441
prequalification. The commissioner shall not prequalify a contractor or 442
substantial subcontractor whose prequalification has been revoked 443
pursuant to this subdivision until the expiration of said two-year, five-444
year, or other applicable disqualification period and the commissioner 445
is satisfied that the matters that gave rise to the revocation have been 446
eliminated or remedied. 447
Sec. 13. Subsection (f) of section 4b-3 of the 2022 supplement to the 448
general statutes is repealed and the following is substituted in lieu 449
thereof (Effective October 1, 2022): 450
(f) The State Properties Review Board shall review real estate 451
acquisitions, sales, leases and subleases proposed by the Commissioner 452
of Administrative Services or proposed by the Chief Court 453
Administrator pursuant to the authority delegated to the Chief Court 454
Administrator by the Commissioner of Administrative Services, real 455
estate acquisitions and sales proposed by The University of Connecticut, 456
the acquisition, other than by condemnation, or the sale or lease of any 457
property by the Commissioner of Transportation under subdivision (11) 458
of section 13b-4, subject to section 4b-23 and subsection (h) of section 459
13a-73 and review, for approval or disapproval, any contract for a 460
project described in subsection (h) of section 4b-91. Such review shall 461
consider all aspects of the proposed actions, including feasibility and 462
method of acquisition and the prudence of the business method 463
proposed. The board shall also cooperate with and advise and assist the 464 Substitute Bill No. 5495
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Commissioner of Administrative Services and the Commissioner of 465
Transportation in carrying out their duties. The board shall have access 466
to all information, files and records, including financial records, of the 467
Commissioner of Administrative Services and the Commissioner of 468
Transportation, and shall, when necessary, be entitled to the use of 469
personnel employed by said commissioners. The board shall approve or 470
disapprove any acquisition of development rights of agricultural land 471
by the Commissioner of Agriculture under section 22-26cc. The board 472
shall hear any appeal under section 8-273a and shall render a final 473
decision on the appeal within thirty days thereafter. The written 474
decision of the board shall be a final decision for the purposes of sections 475
4-180 and 4-183. The provisions of this section shall not apply to any 476
airport, airport site or any part thereof operated by the Connecticut 477
Airport Authority established pursuant to section 15-120bb. 478
Sec. 14. Subsection (a) of section 4b-21 of the 2022 supplement to the 479
general statutes is repealed and the following is substituted in lieu 480
thereof (Effective October 1, 2022): 481
(a) (1) Notwithstanding any provision of the general statutes, the 482
Commissioner of Administrative Services may purchase or acquire real 483
property, interests in real property, and other rights in land or water or 484
interest in any such right, on behalf of any state agency that does not 485
otherwise possess the statutory authority to make such purchase or 486
acquisition. Any such purchase or acquisition shall be subject to the 487
approval of the Secretary of the Office of Policy and Management, the 488
State Properties Review Board and the Attorney General. 489
(2) The Commissioner of Administrative Services, with the approval 490
of the State Properties Review Board, may give or obtain an option upon 491
any land or interest therein which is not under the control of the trustees 492
of any state institution, the State Board of Education or the 493
Commissioner of Correction when such action seems advisable. 494
(3) The University of Connecticut may purchase or acquire for the 495
state and may dispose of or exchange any land or interest therein 496 Substitute Bill No. 5495
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directly. Any such purchase or acquisition shall be subject to the 497
approval of the Secretary of the Office of Policy and Management, the 498
State Properties Review Board and the Attorney General. 499
Sec. 15. Subsection (a) of section 10a-109d of the 2022 supplement to 500
the general statutes is repealed and the following is substituted in lieu 501
thereof (Effective October 1, 2022): 502
(a) In order for the university to construct and issue securities for 503
UConn 2000 and to otherwise carry out its responsibilities and 504
requirements under sections 10a-109a to 10a-109y, inclusive, the 505
university shall have the following powers, which powers shall be 506
independent of and in addition to any other powers of the university 507
under state law: 508
(1) To have perpetual succession as a body politic and corporate and 509
an instrumentality and agency of the state pursuant to section 10a-109v; 510
(2) To adopt and have an official seal and alter it at pleasure; 511
(3) To contract and be contracted with, sue, be indemnified, insure its 512
assets, activities or actions or be a self-insurer and institute, prosecute, 513
maintain and defend any action or proceeding in any court or before 514
any agency or tribunal of competent jurisdiction; 515
(4) To indemnify and be sued, solely pursuant to subsection (a) of 516
section 10a-109o; 517
(5) To retain by contract or employ architects, accountants, engineers, 518
legal and securities counsel in accordance with the provisions of 519
subparagraph (F) of subdivision (4) of subsection (e) of section 10a-109n, 520
and other professional and technical consultants and advisers; provided 521
the university shall continue to be subject to audit, including its 522
operations under sections 10a-109a to 10a-109y, inclusive, pursuant to 523
section 2-90, as amended by this act, and provided further, financial 524
advisers, underwriters, counsel, trustee, if any, and other financial 525
consultants retained in connection with the offering and sale of 526 Substitute Bill No. 5495
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securities shall be selected in consultation with the university, in the 527
same manner as for state general obligation bonds; 528
(6) To plan, design, acquire, construct, build, enlarge, alter, 529
reconstruct, renovate, improve, equip, own, operate, maintain, dispose 530
of and demolish any project or projects, or any combination of projects, 531
including without limitation any contract in furtherance of UConn 2000, 532
notwithstanding the provisions of subsections (b) and (c) of section 10a-533
105 or any other provisions of the general statutes regarding the powers 534
of the university to undertake capital projects and purchase personal 535
property; 536
(7) To acquire by purchase, contract, lease, long-term lease or gift, and 537
hold or dispose of, real or personal property or rights or interests in any 538
such property and to hold, sell, assign, lease, rent, encumber, other than 539
by mortgage, or otherwise dispose of any real or personal property, or 540
any interest therein, owned by the university or in its control, custody 541
or possession in accordance with [section] sections 4b-21, as amended 542
by this act, and 10a-109n; 543
(8) To receive and accept grants, subsidies or loans of money from the 544
federal government or a federal agency or instrumentality, the state or 545
others, upon such terms and conditions as may be imposed, and to 546
pledge the proceeds of grants, subsidies or loans of money received or 547
to be received from the federal government or any federal agency or 548
instrumentality, the state or others, pursuant to agreements entered into 549
between the university and the federal government or any federal 550
agency or instrumentality, the state or others, provided (A) such 551
property shall be deemed property of the state for purposes of sections 552
4a-19 and 4a-20, and (B) the university may insure its property 553
independent of the state; 554
(9) Notwithstanding the provisions of section 10a-150, to receive and 555
accept aid or contributions, from any source, of money, property, labor 556
or other things of value, to be held, used and applied to carry out the 557
purposes of sections 10a-109a to 10a-109y, inclusive, subject to the 558 Substitute Bill No. 5495
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conditions upon which such aid or contributions may be made, 559
including, but not limited to, gifts or grants from any department or 560
agency of the United States or the state for any purpose consistent with 561
said sections; 562
(10) To borrow money and issue securities to finance the acquisition, 563
construction, reconstruction, improvement or equipping of any one 564
project, or more than one, or any combination of projects, or to refund 565
securities issued after June 7, 1995, or to refund any such refunding 566
securities or for any one, or more than one, or all of those purposes, or 567
any combination of those purposes, and to provide for the security and 568
payment of those securities and for the rights of the holders of them, 569
except that the amount of any such borrowing, the special debt service 570
requirements for which are secured by the state debt service 571
commitment, exclusive of the amount of borrowing to refund securities, 572
or to fund issuance costs or necessary reserves, may not exceed the 573
aggregate principal amount of (A) for the fiscal years ending June 30, 574
1996, to June 30, 2005, inclusive, one billion thirty million dollars, (B) for 575
the fiscal years ending June 30, 2006, to June 30, 2027, inclusive, three 576
billion two hundred ninety-five million nine hundred thousand dollars, 577
and (C) such additional amount or amounts: (i) Required from time to 578
time to fund any special capital reserve fund or other debt service 579
reserve fund in accordance with the financing transaction proceedings, 580
and (ii) to pay or provide for the costs of issuance and capitalized 581
interest, if any; the aggregate amounts of subparagraphs (A), (B) and (C) 582
of this subdivision are established as the authorized funding amount, 583
and no borrowing within the authorized funding amount for a project 584
or projects may be effected unless the project or projects are included in 585
accordance with subsection (a) of section 10a-109e; 586
(11) To make, enter into, execute, deliver and amend any and all 587
contracts, including, but not limited to, total cost basis contracts, 588
agreements, leases, instruments and documents and perform all acts 589
and do all things necessary or convenient to plan, design, acquire, 590
construct, build, enlarge, alter, reconstruct, renovate, improve, equip, 591 Substitute Bill No. 5495
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finance, maintain and operate projects and to carry out the powers 592
granted by sections 10a-109a to 10a-109y, inclusive, or reasonably 593
implied from those powers; 594
(12) Notwithstanding any provision of the general statutes to the 595
contrary, including without limitation subsection (a) of section 10a-105, 596
to fix and collect fees, tuition, charges, rentals and other charges for 597
enrollment and attendance at the university and for the use of projects 598
or any part thereof, provided that no tuition or student fee revenue shall 599
be used for repairs performed solely to correct code violations that were 600
applicable at the time of project completion and were for named projects 601
pursuant to section 10a-109e completed prior to January 1, 2007; to 602
provide for the promulgation of such reasonable and proper policies 603
and procedures as may be necessary to assure the maximum use of the 604
facilities of any projects at all times; and 605
(13) Notwithstanding the provisions of subsection (b) of section 10a-606
105, to provide for or confirm the establishment of various funds and 607
accounts respecting university operations, bond proceeds and special 608
debt service requirements for securities issued, renewal and 609
replacement and insurance, special capital reserve and operating 610
reserve, special external gifts, pending receipts, assured revenues, 611
project revenues to the extent not otherwise pledged and securing 612
outstanding general obligation bonds of the state or other revenues and 613
other funds or accounts as may be more particularly required under this 614
subdivision and the indentures of trust or resolutions authorizing 615
securities and to provide, subject to section 10a-109q and the provisions 616
of such indentures or resolutions for the following to be deposited 617
therein, as follows: 618
(A) All proceeds received from the sale of all securities; 619
(B) All fees, tuition, rentals and other charges from students, faculty, 620
staff members and others using or being served by, or having the right 621
to use or the right to be served by the university or any project; 622 Substitute Bill No. 5495
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(C) All fees for student activities, student services and all other fees, 623
tuition and charges collected from students matriculated, registered or 624
otherwise enrolled at and attending the university, pledged under the 625
terms of financing transaction proceedings; 626
(D) All rentals from any facility or building leased to the federal 627
government or any other third party; 628
(E) Federal and state grants, gifts, state appropriations and special 629
external gift funds; 630
(F) All other assured revenues; and 631
(G) Project revenues. 632
Sec. 16. Subsection (d) of section 4b-91 of the 2022 supplement to the 633
general statutes is repealed and the following is substituted in lieu 634
thereof (Effective October 1, 2022): 635
(d) Each bid submitted for a contract described in subsection (c) of 636
this section shall include an update statement in such form as the 637
Commissioner of Administrative Services prescribes and, if required by 638
the public agency soliciting such bid, a copy of the prequalification 639
certificate issued by the Commissioner of Administrative Services. The 640
form for such update statement shall provide space for information 641
regarding all projects completed by the bidder since the date the 642
bidder's prequalification certificate was issued or renewed, all projects 643
the bidder currently has under contract, including the percentage of 644
work on such projects not completed, the names and qualifications of 645
the personnel who will have supervisory responsibility for the 646
performance of the contract, any significant changes in the bidder's 647
financial position or corporate structure since the date the certificate was 648
issued or renewed, any change in the contractor's qualification status as 649
determined by the provisions of subdivision [(6)] (7) of subsection (c) of 650
section 4a-100, as amended by this act, and such other relevant 651
information as the Commissioner of Administrative Services prescribes. 652
Any public agency that accepts a bid submitted without a copy of such 653 Substitute Bill No. 5495
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prequalification certificate, if required by such public agency soliciting 654
such bid, and an update statement, may become ineligible for the receipt 655
of funds related to such bid, except the public agency soliciting such bids 656
may allow bidders no more than two business days after the opening of 657
bids to submit a copy of the prequalification certificate, if required by 658
such public agency, and an update statement. 659
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 New section
Sec. 2 July 1, 2022 New section
Sec. 3 July 1, 2022 New section
Sec. 4 July 1, 2022 1-122
Sec. 5 July 1, 2022 1-123(a)
Sec. 6 July 1, 2022 2-46
Sec. 7 July 1, 2022 2-47
Sec. 8 July 1, 2022 2-90(c) to (e)
Sec. 9 July 1, 2022 17a-28(g)(11)
Sec. 10 July 1, 2022 51-51l
Sec. 11 October 1, 2022 4a-100(c)
Sec. 12 October 1, 2022 4a-100(k)(2)
Sec. 13 October 1, 2022 4b-3(f)
Sec. 14 October 1, 2022 4b-21(a)
Sec. 15 October 1, 2022 10a-109d(a)
Sec. 16 October 1, 2022 4b-91(d)
Statement of Legislative Commissioners:
Section 2 was reordered and in Section 3(b), a reference to section 11-4a
of the general statutes was added for consistency with standard drafting
conventions; in Section 12, "requested" was changed to "required" for
accuracy; and the effective date of Section 16 was changed for
consistency with Section 11.
GAE Joint Favorable Subst.