Researcher: MHF Page 1 4/14/22
OLR Bill Analysis
SB 438
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
AUDITORS OF PUBLIC ACCOUNTS.
SUMMARY
This bill makes various changes in the government administration
statutes. The bill:
1. modifies an existing exemption to the Freedom of Information
Act to prevent the disclosure of whistleblower complaints filed
with the state auditors (the exemption currently protects
investigation records and the informant’s name from disclosure)
(§ 1);
2. authorizes the Department of Motor Vehicles (DMV) to conduct
periodic background checks from federal and out-of-state
criminal databases for active school bus and student
transportation drivers (§ 2);
3. requires the local legislative body or local or regional board of
education to hold a public meeting before submitting a corrective
action plan regarding an audit that is non-compliant or showing
certain irregularities (§ 3); and
4. makes minor changes that replace statutory references to
“comprehensive annual financial reports” with “annual
comprehensive financial reports” (§ 4-8).
EFFECTIVE DATE: October 1, 2022
§ 2 — CRIMINAL BACKGROUND CHECKS FOR STUDENT
TRANSPORTATION DRIVERS
The bill authorizes the motor vehicles commissioner to periodically
conduct background checks on someone who has an operator’s license
to drive a school bus or student transportation vehicle. Existing law 2022SB-00438-R000489-BA.DOCX
Researcher: MHF Page 2 4/14/22
authorizes the commissioner to conduct checks as part of the initial
application. In practice, DMV periodically compares the list of student
transportation drivers against the Department of Emergency Services
and Public Protection’s criminal database, but does not conduct national
or out-of-state background checks after the initial application.
§ 3 — PUBLIC HEARINGS FOR MUNICIPAL AUDITS
Under existing law, the independent auditor must submit a report to
the OPM secretary after an annual municipal financial audit or a single
or program-specific audit (CGS § 7-393). If the secretary finds (1) the
audit was not properly prepared and the entity did not have permission
to file a non-compliant report or (2) evidence of unsound or irregular
financial practices, management letter comments, or lack of standard
internal controls, he must prepare a report concerning his findings and
submit it to certain officials, including the chief executive officer (CEO)
of the municipality or audited agency, or the regional school district
superintendent, and the municipal clerk, if applicable. The CEO or
superintendent must then attest to and explain the secretary’s findings
and submit a written corrective action plan.
The bill requires that a public meeting be held to discuss the
secretary’s findings before submitting the plan.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 18 Nay 1 (03/28/2022)