LCO 1 of 14 General Assembly Substitute Bill No. 5422 January Session, 2025 AN ACT REESTABLISHING THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2025) (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 of the Senate, and (2) six members of 15 the House of Representatives, three appointed by the speaker of the 16 House of Representatives and three appointed by the minority leader of 17 the House of Representatives. Members shall serve for a term of two 18 Substitute Bill No. 5422 LCO 2 of 14 years from the date of appointment. 19 (c) The initial appointments of the members shall be made not later 20 than February 4, 2026, and thereafter appointments of the members shall 21 be made at the beginning of each regular session of the General 22 Assembly in the odd-numbered year. The terms of all members 23 appointed to the committee shall end with the termination of each 24 member's term or holding of office, whichever occurs first. Vacancies 25 shall be filled in the same manner as the original appointments. The 26 committee shall select cochairpersons and such other officers as it may 27 deem necessary from among its membership. 28 (d) A majority of the membership shall constitute a quorum and all 29 actions of the committee shall require the affirmative vote of a majority 30 of the full committee membership. The cochairpersons and ranking 31 minority members of the joint standing committee of the General 32 Assembly requesting an investigation shall serve as nonvoting, ex-33 officio members of the Legislative Program Review and Investigations 34 Committee during the course of such investigation. 35 Sec. 2. (NEW) (Effective July 1, 2025) (a) The Legislative Program 36 Review and Investigations Committee shall: 37 (1) Direct its staff and other legislative staff available to the committee 38 to conduct program reviews and investigations to assist the General 39 Assembly in the proper discharge of its duties; 40 (2) Establish policies and procedures regarding the printing, 41 reproduction and distribution of its reports; 42 (3) Review staff reports submitted to the committee and, when 43 necessary, confer with representatives of the state departments and 44 agencies reviewed in order to obtain full and complete information in 45 regard to programs, other activities and operations of the state, and may 46 request and shall be given access to and copies of, by all public officers, 47 departments, agencies and authorities of the state and its political 48 subdivisions, such public records, data and other information and given 49 Substitute Bill No. 5422 LCO 3 of 14 such assistance as the committee determines it needs to fulfill its duties; 50 (4) Act on staff reports and recommend in its report, or propose, in 51 the form of a raised bill, such legislation as may be necessary to modify 52 current operations and agency practices; 53 (5) Consider and act on requests by members of the General 54 Assembly, legislative committees, elected officials of state government 55 and state department and agency heads for program reviews. The 56 request shall be submitted, in writing, to the Program Review and 57 Investigations Committee and shall state reasons to support the request. 58 The decision of the committee to grant or deny any such request shall 59 be final; 60 (6) Conduct investigations requested by joint resolution of the 61 General Assembly, or, when the General Assembly is not in session, (A) 62 requested by a joint standing committee of the General Assembly or 63 initiated by a majority vote of the Program Review and Investigations 64 Committee and approved by the Joint Committee on Legislative 65 Management, or (B) requested by the Joint Committee on Legislative 66 Management. In the event two or more investigations are requested, the 67 order of priority shall be determined by the Legislative Program Review 68 and Investigations Committee; 69 (7) Retain, within available appropriations, the services of 70 consultants, technical assistants, researchers and other personnel 71 necessary to assist in the conduct of program reviews and 72 investigations; 73 (8) Originate, and report to the General Assembly, any bill it deems 74 necessary concerning a program, department or other matter under 75 review or investigation by the committee, in the same manner as is 76 prescribed by rule for joint standing committees of the General 77 Assembly; 78 (9) Review audit reports after issuance by the Auditors of Public 79 Accounts, evaluate and sponsor new or revised legislation based on 80 Substitute Bill No. 5422 LCO 4 of 14 audit findings, provide means to determine compliance with audit 81 recommendations and receive facts concerning any unauthorized, 82 illegal, irregular or unsafe handling or expenditures of state funds under 83 the provisions of section 2-90 of the general statutes, as amended by this 84 act; 85 (10) Meet as often as may be necessary, during legislative sessions 86 and during the periods between sessions, to perform its duties and 87 functions; and 88 (11) Report annually to the General Assembly, in accordance with the 89 provisions of section 11-4a of the general statutes, on or before February 90 fifteenth. 91 (b) The committee may, at any time, study any matter within the 92 scope of a completed or partially completed staff report then being 93 conducted or may, at its discretion, study and consider any matter 94 relative to program activities of state departments and agencies. 95 (c) The identity of any public employee providing information to the 96 committee shall not be disclosed. In the course of an investigation, all 97 information, records of interviews, reports, statements, notes, 98 memoranda or other data in the custody of the, or obtained or prepared 99 by, the Legislative Program Review and Investigations Committee or its 100 staff shall not be subject to the provisions of section 1-210 of the general 101 statutes until the investigation is completed. Any statutory 102 requirements of confidentiality regarding any records, data and other 103 information submitted under subdivision (3) of subsection (a) of this 104 section, including penalties for violating such requirements, shall apply 105 to the committee, its staff and its other authorized representatives in the 106 same manner and to the same extent as such requirements and penalties 107 apply to any public officer, department, agency or authority of the state 108 or its political subdivisions. 109 Sec. 3. (NEW) (Effective July 1, 2025) (a) In any instance in which a 110 program review cites inadequate operating or administrative system 111 controls or procedures, inaccuracies, waste, extravagance, unauthorized 112 Substitute Bill No. 5422 LCO 5 of 14 or unintended activities or programs, or other deficiencies, the 113 department head of, or agency head of, or the appropriate program 114 officer or official to which the report pertained, shall take the necessary 115 corrective actions and, when the committee deems the action taken to 116 be not suitable, the committee shall report the matter to the General 117 Assembly together with its recommendations. 118 (b) The committee shall report the results of each investigation 119 together with its recommendations for any further action to the General 120 Assembly electronically, in accordance with the provisions of section 11-121 4a of the general statutes. 122 Sec. 4. Section 1-122 of the general statutes is repealed and the 123 following is substituted in lieu thereof (Effective July 1, 2025): 124 (a) In accordance with the provisions of section 2-90, as amended by 125 this act, the Auditors of Public Accounts shall biennially conduct a 126 compliance audit of each quasi-public agency's activities during the 127 agency's two fiscal years preceding each such audit or contract with a 128 person, firm or corporation for any such audit or audits. Each such audit 129 shall determine whether the quasi-public agency has complied with its 130 regulations concerning affirmative action, personnel practices, the 131 purchase of goods and services, the use of surplus funds and the 132 distribution of loans, grants and other financial assistance. Each audit 133 shall include a review of all or a representative sample of the agency's 134 activities in such areas during the relevant fiscal years. Each quasi-135 public agency shall pay the cost of conducting such biennial compliance 136 audit of the agency. 137 (b) The Auditors of Public Accounts shall submit each audit report to 138 the Governor [. Each quasi-public agency shall pay the cost of 139 conducting such biennial compliance audit of the agency] and the 140 Legislative Program Review and Investigations Committee. Not later 141 than thirty days after receiving copies of an audit report from the 142 Auditors of Public Accounts, the Legislative Program Review and 143 Investigations Committee shall prepare an assessment of whether the 144 Substitute Bill No. 5422 LCO 6 of 14 audit report complies with the requirements of this section and shall 145 submit the assessment and a copy of the audit report to the joint 146 standing committee of the General Assembly having cognizance of 147 matters relating to the quasi-public agency. 148 Sec. 5. Subsection (a) of section 1-123 of the general statutes is 149 repealed and the following is substituted in lieu thereof (Effective July 1, 150 2025): 151 (a) The board of directors of each quasi-public agency shall annually 152 submit a report to the Governor, [and] the Auditors of Public Accounts 153 and the Legislative Program Review and Investigations Committee. 154 Such report shall include, but need not be limited to, the following: (1) 155 A list of all bond issues for the preceding fiscal year, including, for each 156 such issue, the financial advisor and underwriters, whether the issue 157 was competitive, negotiated or privately placed, and the issue's face 158 value and net proceeds; (2) a list of all projects other than those 159 pertaining to owner-occupied housing or student loans receiving 160 financial assistance during the preceding fiscal year, including each 161 project's purpose, location, and the amount of funds provided by the 162 agency; (3) a list of all outside individuals and firms receiving in excess 163 of five thousand dollars in the form of loans, grants or payments for 164 services, except for individuals receiving loans for owner-occupied 165 housing and education; (4) a complete set of financial statements; (5) the 166 cumulative value of all bonds issued, the value of outstanding bonds, 167 and the amount of the state's contingent liability; (6) the affirmative 168 action policy statement, a description of the composition of the agency's 169 work force by race, sex, and occupation and a description of the agency's 170 affirmative action efforts; and (7) a description of planned activities for 171 the current fiscal year. Not later than thirty days after receiving such 172 report from the board of a quasi-public agency, the Legislative Program 173 Review and Investigations Committee shall prepare an assessment of 174 whether the report complies with the requirements of this section and 175 shall submit the assessment and a copy of the report to the joint standing 176 committee of the General Assembly having cognizance of matters 177 relating to the quasi-public agency. 178 Substitute Bill No. 5422 LCO 7 of 14 Sec. 6. Section 2-46 of the general statutes is repealed and the 179 following is substituted in lieu thereof (Effective July 1, 2025): 180 (a) The president of the Senate, the speaker of the House of 181 Representatives, or a [chairman] chairperson of the whole, or of any 182 committee of either house, of the General Assembly, or either of the 183 chairpersons of the Legislative Program Review and Investigations 184 Committee, shall have the power to compel the attendance and 185 testimony of witnesses by subpoena and capias issued by any of them, 186 require the production of any necessary books, papers or other 187 documents and administer oaths to witnesses in any case under their 188 examination, including any program review or investigation, as defined 189 in section 1 of this act. Any person, summoned as a witness by the 190 authority of either house of the General Assembly or the Legislative 191 Program Review and Investigations Committee to give testimony or to 192 produce books, papers or other documents upon any matter under 193 inquiry before either house, [or] any committee of either house, of the 194 General Assembly, [or] a joint committee of both houses, or by the 195 Legislative Program Review and Investigations Committee, who 196 wilfully makes default or, having appeared, refuses to be sworn or to 197 answer any question pertinent to the question under inquiry, shall be 198 guilty of a class A misdemeanor. 199 (b) Any individual who is subpoenaed to appear and testify before a 200 committee of the General Assembly or by the Legislative Program 201 Review and Investigations Committee shall have the right to review a 202 copy of the transcript of his or her testimony and a reasonable amount 203 of time to question its accuracy prior to the public release of such 204 transcript or its permanent filing. 205 Sec. 7. Section 2-47 of the general statutes is repealed and the 206 following is substituted in lieu thereof (Effective July 1, 2025): 207 No witness shall be privileged to refuse to testify to any fact, or to 208 produce any paper, respecting which [he] such witness is examined by 209 either house of the General Assembly, or by any committee of either 210 Substitute Bill No. 5422 LCO 8 of 14 house or any joint committee of both houses, or by the Legislative 211 Program Review and Investigations Committee in any program review 212 or investigation, as defined in section 1 of this act, upon the ground that 213 [his] such witness' testimony to such fact or [his] production of such 214 paper may tend to disgrace [him] such witness or otherwise render 215 [him] such witness infamous. 216 Sec. 8. Subsections (c) to (e), inclusive, of section 2-90 of the general 217 statutes are repealed and the following is substituted in lieu thereof 218 (Effective July 1, 2025): 219 (c) Said auditors shall audit, on a biennial basis if deemed most 220 economical and efficient, or as frequently as they deem necessary, the 221 books and accounts, records of operations and activities, systems and 222 data of each officer, department, commission, board and court of the 223 state government, all institutions supported by the state and all public 224 and quasi-public bodies, politic and corporate, created by public or 225 special act of the General Assembly and not required to be audited or 226 subject to reporting requirements, under the provisions of chapter 111. 227 Each such audit may include an examination of any relevant 228 information concerning the department, commission, board or court of 229 state government being audited that is in the possession or control of a 230 private entity that has a contract with such department, commission, 231 board or court, and such information shall be provided upon demand 232 in a format prescribed by the auditors at no cost to the auditors or the 233 department, commission, board or court. Each such audit may include 234 an examination of performance in order to determine effectiveness in 235 achieving expressed legislative purposes. The auditors shall report their 236 findings and recommendations to the Governor, the State Comptroller, 237 [and] the joint standing committee of the General Assembly having 238 cognizance of matters relating to appropriations and the budgets of state 239 agencies and the Legislative Program Review and Investigations 240 Committee. 241 (d) The Auditors of Public Accounts may enter into such contractual 242 agreements as may be necessary for the discharge of their duties. Any 243 Substitute Bill No. 5422 LCO 9 of 14 audit or report which is prepared by a person, firm or corporation 244 pursuant to any contract with the Auditors of Public Accounts shall bear 245 the signature of the person primarily responsible for the preparation of 246 such audit or report. As used in this subsection, the term "person" means 247 a natural person. 248 (e) (1) If the Auditors of Public Accounts discover, or if it should come 249 to their knowledge, that any unauthorized, illegal, irregular or unsafe 250 handling or expenditure of state funds or quasi-public agency funds or 251 any breakdown in the safekeeping of any resources of the state or a 252 quasi-public agency has occurred or is contemplated, they shall 253 forthwith report the facts to the Governor, the State Comptroller, the 254 clerk of each house of the General Assembly, the Legislative Program 255 Review and Investigations Committee and the Attorney General, except 256 that if a matter reported to the Auditors of Public Accounts pursuant to 257 section 4-33a is still under investigation by a state or quasi-public 258 agency, the Auditors of Public Accounts may give the agency a 259 reasonable amount of time to conduct such investigation prior to the 260 auditors reporting the matter to said officials and committee. (2) If the 261 Auditors of Public Accounts decide to delay reporting such matter in 262 accordance with subdivision (1) of this subsection, the auditors shall 263 immediately notify the Attorney General of such decision. (3) Any 264 Auditor of Public Accounts neglecting to make the report required 265 under subdivision (1) of this subsection, or any agent of the auditors 266 neglecting to report to the Auditors of Public Accounts any such matter 267 discovered by such agent or coming to such agent's knowledge, shall be 268 fined not more than one hundred dollars or imprisoned not more than 269 six months, or both. 270 Sec. 9. Subdivision (11) of subsection (g) of section 17a-28 of the 271 general statutes is repealed and the following is substituted in lieu 272 thereof (Effective July 1, 2025): 273 (11) The Governor, when requested in writing in the course of the 274 Governor's official functions, the Legislative Program Review and 275 Investigations Committee, the joint standing committee of the General 276 Substitute Bill No. 5422 LCO 10 of 14 Assembly having cognizance of matters relating to human services, the 277 joint standing committee of the General Assembly having cognizance of 278 matters relating to the judiciary or the joint standing committee of the 279 General Assembly having cognizance of matters relating to children, 280 when requested in writing by any of such committees in the course of 281 such committee's official functions, and upon a majority vote of such 282 committee, provided no name or other identifying information is 283 disclosed unless such information is essential to the gubernatorial or 284 legislative purpose; 285 Sec. 10. Section 51-51l of the general statutes is repealed and the 286 following is substituted in lieu thereof (Effective July 1, 2025): 287 (a) Except as provided in subsection (d) of this section, the Judicial 288 Review Council shall investigate every written complaint brought 289 before it alleging conduct under section 51-51i, and may initiate an 290 investigation of any judge, administrative law judge or family support 291 magistrate if (1) the council has reason to believe conduct under section 292 51-51i has occurred, or (2) previous complaints indicate a pattern of 293 behavior which would lead to a reasonable belief that conduct under 294 section 51-51i has occurred. The council shall, not later than five days 295 after such initiation of an investigation or receipt of such complaint, 296 notify by registered or certified mail any judge, administrative law 297 judge or family support magistrate under investigation or against 298 whom such complaint is filed. A copy of any such complaint shall 299 accompany such notice. The council shall also notify the complainant of 300 its receipt of such complaint not later than five days thereafter. Any 301 investigation to determine whether or not there is probable cause that 302 conduct under section 51-51i has occurred shall be confidential and any 303 individual called by the council for the purpose of providing 304 information shall not disclose his knowledge of such investigation to a 305 third party prior to the decision of the council on whether probable 306 cause exists, unless the respondent requests that such investigation and 307 disclosure be open, provided information known or obtained 308 independently of any such investigation shall not be confidential. The 309 judge, administrative law judge or family support magistrate shall have 310 Substitute Bill No. 5422 LCO 11 of 14 the right to appear and be heard and to offer any information which may 311 tend to clear him of probable cause to believe he is guilty of conduct 312 under section 51-51i. The judge, administrative law judge or family 313 support magistrate shall also have the right to be represented by legal 314 counsel and examine and cross-examine witnesses. In conducting its 315 investigation under this subsection, the council may request that a court 316 furnish to the council a record or transcript of court proceedings, 317 including records and transcripts of juvenile matters pursuant to section 318 46b-124 and records and transcripts of cases involving youthful 319 offenders pursuant to section 54-76l, made or prepared by a court 320 reporter, assistant court reporter or monitor and the court shall, upon 321 such request, furnish such record or transcript. 322 (b) The Judicial Review Council shall, not later than three business 323 days after the termination of such investigation, notify the complainant, 324 if any, and the judge, administrative law judge or family support 325 magistrate that the investigation has been terminated and the results 326 thereof. If the council finds that conduct under section 51-51i has not 327 occurred, but the judge, administrative law judge or family support 328 magistrate has acted in a manner which gives the appearance of 329 impropriety or constitutes an unfavorable judicial or magisterial 330 practice, the council may issue an admonishment to the judge, 331 administrative law judge or family support magistrate recommending 332 a change in judicial or magisterial conduct or practice. If an 333 admonishment is issued, the council shall (1) notify the joint standing 334 committee of the General Assembly having cognizance of matters 335 relating to the judiciary that an admonishment was issued and provide 336 said committee with the substance of the admonishment, including 337 copies of the complaint file, (2) notify the Chief Court Administrator that 338 an admonishment was issued and provide the Chief Court 339 Administrator with the substance of the admonishment, including 340 copies of the complaint file, and (3) inform the complainant, if any, that 341 an admonishment was issued if the admonishment is the result of 342 misconduct alleged in the complaint. Except as provided in this 343 subsection, the substance of the admonishment shall not be disclosed to 344 Substitute Bill No. 5422 LCO 12 of 14 any person or organization. 345 (c) If a preliminary investigation indicates that probable cause exists 346 that the judge, administrative law judge or family support magistrate is 347 guilty of conduct under section 51-51i, the council shall hold a hearing 348 concerning the conduct or complaint. All hearings held pursuant to this 349 subsection shall be open. A judge, an administrative law judge or a 350 family support magistrate appearing before such a hearing shall be 351 entitled to counsel, to present evidence and to cross-examine witnesses. 352 The council shall make a record of all proceedings pursuant to this 353 subsection. The council shall not later than thirty days after the close of 354 such hearing publish its findings together with a memorandum of its 355 reasons therefor. 356 (d) No complaint against a judge, an administrative law judge or a 357 family support magistrate alleging conduct under section 51-51i shall be 358 brought under this section but within one year from the date the alleged 359 conduct occurred or was discovered or in the exercise of reasonable care 360 should have been discovered, except that no such complaint may be 361 brought more than three years from the date the alleged conduct 362 occurred. 363 (e) Notwithstanding the provisions of subsections (a) and (b) of this 364 section, the council shall disclose any information concerning 365 complaints received by the council on and after January 1, 1978, and 366 investigations and disposition of such complaints to the Legislative 367 Program Review and Investigations Committee when requested by the 368 committee in the course of its functions, in writing, and upon a majority 369 vote of the committee, provided no names or other identifying 370 information shall be disclosed. 371 [(e)] (f) On and after December 19, 1991, any judge, administrative 372 law judge or family support magistrate who has been the subject of an 373 investigation by the Judicial Review Council as a result of a complaint 374 brought before such council may request that such complaint, 375 investigation and the disposition of such complaint be open to public 376 Substitute Bill No. 5422 LCO 13 of 14 inspection. 377 [(f)] (g) Whenever a complaint against a judge, an administrative law 378 judge or a family support magistrate is pending before the Judicial 379 Review Council within the final year of the term of office of such judge, 380 administrative law judge or family support magistrate, the Judicial 381 Review Council shall designate such complaint as privileged and shall 382 conduct an expedited investigation and hearing so that its duties with 383 respect to such complaint are completed in sufficient time to enable the 384 Judicial Review Council to make its recommendation concerning any 385 such judge to the Judicial Selection Commission and the Governor 386 under section 51-51q in a timely manner. 387 Sec. 11. Subsection (a) of section 2-53m of the general statutes is 388 repealed and the following is substituted in lieu thereof (Effective July 1, 389 2025): 390 (a) The joint standing committee of the General Assembly having 391 cognizance of matters relating to children, in consultation with the 392 Office of Fiscal Analysis, the Office of Legislative Research and the 393 Commission on Women, Children and Seniors, shall maintain an annual 394 report card that evaluates the progress of state policies and programs in 395 promoting the result that all Connecticut children grow up in a stable 396 living environment, safe, healthy and ready to lead successful lives. 397 Progress shall be measured by primary indicators of progress, 398 including, but not limited to, indicators established in the [final] report 399 of the [former] Legislative Program Review and Investigations 400 Committee prepared pursuant to the provisions of section 1 of public 401 act 09-166, of state-wide rates of child abuse, child poverty, low birth 402 weight, third grade reading proficiency, and the annual social health 403 index developed pursuant to section 46a-131a. For each indicator, the 404 data shall also be presented according to ethnicity or race, gender, 405 geography, disability and, where appropriate, age and other relevant 406 characteristics. The joint standing committee of the General Assembly 407 having cognizance of matters relating to children shall prepare the 408 report card on or before January 15, 2018, and annually thereafter. On 409 Substitute Bill No. 5422 LCO 14 of 14 or before January 15, 2018, and annually thereafter, said committee shall 410 make the report card available to the public on the Internet and on the 411 web site of the General Assembly and shall transmit the report card 412 electronically to (1) members of the joint standing committees of the 413 General Assembly having cognizance of matters relating to 414 appropriations and the budgets of state agencies and human services, 415 (2) the Commissioners of Children and Families, Education and Public 416 Health, (3) the Child Advocate, (4) the Secretary of the Office of Policy 417 and Management, and (5) the Chief Court Administrator. 418 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2025 New section Sec. 2 July 1, 2025 New section Sec. 3 July 1, 2025 New section Sec. 4 July 1, 2025 1-122 Sec. 5 July 1, 2025 1-123(a) Sec. 6 July 1, 2025 2-46 Sec. 7 July 1, 2025 2-47 Sec. 8 July 1, 2025 2-90(c) to (e) Sec. 9 July 1, 2025 17a-28(g)(11) Sec. 10 July 1, 2025 51-51l Sec. 11 July 1, 2025 2-53m(a) Statement of Legislative Commissioners: In Section 1(d), "of the General Assembly" was added after "committee" for accuracy. GAE Joint Favorable Subst. -LCO