Researcher: MHF Page 1 4/28/22
OLR Bill Analysis
SB 438 (File 489, as amended by Senate "A")*
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
AUDITORS OF PUBLIC ACCOUNTS.
SUMMARY
This bill makes the following changes in the government
administration statutes:
1. expands an existing exemption from disclosure under the
Freedom of Information Act by specifically including
whistleblower complaints filed with the state auditors (the
exemption currently applies to investigation records and the
name of a person who provides information) (§ 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 regional board of education
to hold a public meeting before submitting a corrective action
plan regarding an audit that is non-compliant or shows certain
irregularities (§ 3), and
4. makes minor changes that replace statutory references to
“comprehensive annual financial reports” with “annual
comprehensive financial reports” (§§ 4-8).
*Senate Amendment “A” makes a technical correction to the public
meeting requirement.
EFFECTIVE DATE: October 1, 2022
2022SB-00438-R01-BA.DOCX
Researcher: MHF Page 2 4/28/22
§ 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
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 it does not conduct
national or out-of-state background checks after the initial application.
§ 3 — PUBLIC HEARINGS FOR MUNICIPAL AUDITS
Under existing law, an independent auditor must submit a report to
the Office of Policy and Management 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. These
officials include 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)