General Assembly Substitute Bill No. 5323
February Session, 2010 *_____HB05323GAE___032610____*
General Assembly
Substitute Bill No. 5323
February Session, 2010
*_____HB05323GAE___032610____*
AN ACT REQUIRING STATE AGENCY AND CONTRACTOR AFFIRMATIVE ACTION PLANS TO BE SUBMITTED TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 4a-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) The Commissioner of Administrative Services shall have the following general duties and responsibilities:
(1) The establishment of personnel policy and responsibility for the personnel administration of state employees;
(2) The purchase and provision of supplies, materials, equipment and contractual services, as defined in section 4a-50;
(3) The publishing, printing or purchasing of laws, stationery, forms and reports; [and]
(4) The collection of sums due the state for public assistance; and
(5) The monitoring of affirmative action plans submitted by (A) state agencies, departments, boards or commissions in accordance with the provisions of section 46a-68, as amended by this act, (B) contractors in accordance with the provisions of section 46a-68c, as amended by this act, or (C) bidders in accordance with the provisions of section 46a-68d, as amended by this act.
Sec. 2. Section 46a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
The commission shall have the following powers and duties:
(1) To establish and maintain such offices as the commission may deem necessary;
(2) To organize the commission into a division of [affirmative action monitoring and] contract compliance, a division of discriminatory practice complaints and such other divisions, bureaus or units as may be necessary for the efficient conduct of business of the commission;
(3) To employ legal staff and commission legal counsel as necessary to perform the duties and responsibilities under section 46a-55. One commission legal counsel shall serve as supervising attorney. Each commission legal counsel shall be admitted to practice law in this state;
(4) To appoint such investigators and other employees and agents as it deems necessary, fix their compensation within the limitations provided by law and prescribe their duties;
(5) To adopt, publish, amend and rescind regulations consistent with and to effectuate the provisions of this chapter;
(6) To establish rules of practice to govern, expedite and effectuate the procedures set forth in this chapter;
(7) To recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the policies of this chapter;
(8) To receive, initiate as provided in section 46a-82, investigate and mediate discriminatory practice complaints;
(9) By itself or with or by hearing officers or human rights referees, to hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath and require the production for examination of any books and papers relating to any matter under investigation or in question;
(10) To make rules as to the procedure for the issuance of subpoenas by individual commissioners, hearing officers and human rights referees;
(11) To require written answers to interrogatories under oath relating to any complaint under investigation pursuant to this chapter alleging any discriminatory practice as defined in subdivision (8) of section 46a-51, and to adopt regulations, in accordance with the provisions of chapter 54, for the procedure for the issuance of interrogatories and compliance with interrogatory requests;
(12) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed and with the cooperation of such agencies, (A) to study the problems of discrimination in all or specific fields of human relationships, and (B) to foster through education and community effort or otherwise good will among the groups and elements of the population of the state;
(13) To require the posting by an employer, employment agency or labor organization of such notices regarding statutory provisions as the commission shall provide;
(14) To require the posting, by any respondent or other person subject to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e, of such notices of statutory provisions as it deems desirable;
(15) (A) To require an employer having three or more employees to post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment; and (B) to require an employer having fifty or more employees to provide two hours of training and education to all supervisory employees within one year of October 1, 1992, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such employees after October 1, 1991, shall not be required to provide such training and education a second time. Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment. As used in this subdivision, "sexual harassment" [shall have] has the same meaning as set forth in subdivision (8) of subsection (a) of section 46a-60, and "employer" [shall include] includes the General Assembly;
(16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education (i) to all supervisory and nonsupervisory employees, not later than July 1, 2002, with priority for such training to supervisory employees, and (ii) to all newly hired supervisory and nonsupervisory employees, not later than six months after their assumption of a position with a state agency, with priority for such training to supervisory employees. Such training and education shall include information concerning the federal and state statutory provisions concerning discrimination and hate crimes directed at protected classes and remedies available to victims of discrimination and hate crimes, standards for working with and serving persons from diverse populations and strategies for addressing differences that may arise from diverse work environments; and (B) submit an annual report to the Commission on Human Rights and Opportunities concerning the status of the diversity training and education required under subparagraph (A) of this subdivision. The information in such annual reports shall be reviewed by the commission for the purpose of submitting an annual summary report to the General Assembly. Notwithstanding the provisions of this section, if a state agency has provided such diversity training and education to any of its employees prior to October 1, 1999, such state agency shall not be required to provide such training and education a second time to such employees. The requirements of this subdivision shall be accomplished within available appropriations. As used in this subdivision, "employee" shall include any part-time employee who works more than twenty hours per week;
(17) To [require each agency to submit information demonstrating its compliance with subdivision (16) of this section as part of its affirmative action plan and to] receive and investigate complaints concerning the failure of a state agency to comply with the requirements of subdivision (16) of this section; and
(18) To enter into contracts for and accept grants of private or federal funds and to accept gifts, donations or bequests, including donations of service by attorneys.
Sec. 3. Section 46a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) The commission shall:
(1) Investigate the possibilities of affording equal opportunity of profitable employment to all persons, with particular reference to job training and placement;
(2) Compile facts concerning discrimination in employment, violations of civil liberties and other related matters;
(3) Investigate and proceed in all cases of discriminatory practices as provided in this chapter and noncompliance with the provisions of section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, as amended by this act;
(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed; and
(5) Monitor state contracts to determine whether they are in compliance with sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination. [; and]
[(6) Compile data concerning state contracts with female and minority business enterprises and submit a report annually to the General Assembly concerning the employment of such business enterprises as contractors and subcontractors.]
(b) The commission may, when it is deemed in the best interests of the state, exempt a contractor from the requirements of complying with any or all of the provisions of section 4a-60, 4a-60a [, 46a-68c, 46a-68d] or 46a-68e in any specific contract. Exemptions under the provisions of this section may include, but not be limited to, the following instances: (1) If the work is to be or has been performed outside the state and no recruitment of workers within the limits of the state is involved; (2) those involving less than specified amounts of money or specified numbers of workers; (3) to the extent that they involve subcontracts below a specified tier. The commission may also exempt facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the contract, provided such an exemption shall not interfere with or impede the effectuation of the purposes of this section and sections 4a-60, 4a-60a, 4a-60g, as amended by this act, 4a-62 and 46a-68b to 46a-68k, inclusive.
(c) If the commission determines through its monitoring and compliance procedures that a contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or the provisions of sections 46a-68c to 46a-68f, inclusive, as amended by this act, or the Department of Administrative Services reports to the commission that a contractor or subcontractor is not complying with the provisions of section 46a-68c, as amended by this act, or 46a-68d, as amended by this act, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a hearing officer or human rights referee appointed to act as a presiding officer. Such hearing shall be held in accordance with chapter 54 and section 46a-84. If, after such hearing, the presiding officer makes a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or the provisions of sections 46a-68c to 46a-68f, inclusive, as amended by this act, the presiding officer may: (1) Order the state to retain two per cent of the total contract price per month on any existing contract with such contractor; (2) prohibit the contractor from participation in any further contracts with state agencies until: (A) The expiration of a period of two years from the date of the finding of noncompliance, or (B) the presiding officer determines that the contractor has adopted policies consistent with such statutes, provided the presiding officer shall make such determination within forty-five days of such finding of noncompliance; (3) publish, or cause to be published, the names of contractors or unions that the presiding officer has found to be in noncompliance with such provisions; (4) notify the Attorney General that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in section 4a-60 or 4a-60a, appropriate proceedings should be brought to enforce such provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of section 4a-60 or 4a-60a; (5) recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964, when necessary; (6) recommend to the appropriate prosecuting authority that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the commission as the case may be; (7) order the contractor to bring itself into compliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, as amended by this act, within a period of thirty days or, for good cause shown, within an additional period of thirty days, and, if such contractor fails to bring itself into such compliance within such time period and such noncompliance is substantial or material or there is a pattern of noncompliance, recommend to the contracting agency that such agency declare the contractor to be in breach of the contract and that such agency pursue all available remedies; or (8) order the contracting agency to refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the commission that such contractor has established and will carry out personnel and employment policies in compliance with antidiscrimination statutes and the provisions of section 4a-60 or 4a-60a and sections 46a-68c to 46a-68f, inclusive, as amended by this act. The commission shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
(d) If the commission determines, through its monitoring and compliance procedures and after a complaint is filed and a hearing is held pursuant to subsection (c) of this section, that, with respect to a state contract, a contractor, subcontractor or supplier of materials has (1) fraudulently qualified as a minority business enterprise, or (2) performed services or supplied materials on behalf of another contractor, subcontractor or supplier of materials knowing (A) that such other contractor, subcontractor or supplier has fraudulently qualified as a minority business enterprise in order to comply with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a, and (B) that such services or materials are to be used in connection with a contract entered into pursuant to subsection (b) of section 4a-60g, the hearing officer or human rights referee before whom such hearing was held shall assess a civil penalty of not more than ten thousand dollars upon such contractor, subcontractor or supplier of materials. The Attorney General, upon complaint of the commission, shall institute a civil action in the superior court for the judicial district of Hartford to recover such penalty. Any penalties recovered pursuant to this subsection shall be deposited in a special fund and shall be held by the State Treasurer separate and apart from all other moneys, funds and accounts. The resources in such fund shall, pursuant to regulations adopted by the commission in accordance with the provisions of chapter 54, be used to assist minority business enterprises. As used in this section, "minority business enterprise" means any contractor, subcontractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (i) Who are active in the daily affairs of the enterprise; (ii) who have the power to direct the management and policies of the enterprise; and (iii) who are members of a minority, as defined in subsection (a) of section 32-9n.
Sec. 4. Section 46a-68 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) Each state agency, department, board and commission shall develop and implement [, in cooperation with the Commission on Human Rights and Opportunities,] an affirmative action plan that commits the agency, department, board or commission to a program of affirmative action in all aspects of personnel and administration. Such plan shall [be developed pursuant to regulations adopted by the Commission on Human Rights and Opportunities in accordance with chapter 54 to ensure that affirmative action is undertaken as required by state and federal law to provide equal employment opportunities and to comply with all responsibilities under the provisions of sections 4-61u to 4-61w, inclusive, sections 46a-54 to 46a-64, inclusive, section 46a-64c and sections 46a-70 to 46a-78, inclusive] describe the efforts of the agency, department, board or commission to provide equal employment opportunities and to comply with all its responsibilities under state and federal nondiscrimination laws, and shall include the race, gender, occupational category and age data for all full-time employees of the agency, department, board or commission. The executive head of each such agency, department, board or commission shall be directly responsible for the development, filing and implementation of such affirmative action plan. The Metropolitan District of Hartford County shall be deemed to be a state agency for purposes of this section.
(b) (1) Each state agency, department, board or commission shall designate a full-time or part-time affirmative action officer. If such affirmative action officer is an employee of the agency, department, board or commission, the executive head of the agency, department, board or commission shall be directly responsible for the supervision of the officer.
[(2) The Commission on Human Rights and Opportunities shall provide training and technical assistance to affirmative action officers in plan development and implementation.]
[(3)] (2) The Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women shall provide training concerning state and federal discrimination laws and techniques for conducting investigations of discrimination complaints to persons designated by state agencies, departments, boards or commissions as affirmative action officers and persons designated by the Attorney General or the Attorney General's designee to represent such agencies, departments, boards or commissions pursuant to subdivision [(5)] (4) of this subsection. Such training shall be provided for a minimum of ten hours during the first year of service or designation, and a minimum of five hours per year thereafter.
[(4)] (3) (A) Each person designated by a state agency, department, board or commission as an affirmative action officer shall (i) be responsible for mitigating any discriminatory conduct within the agency, department, board or commission, (ii) investigate all internal complaints of discrimination made against the state agency, department, board or commission, and (iii) report all findings and recommendations upon the conclusion of an investigation to the commissioner or director of the state agency, department, board or commission for proper action.
(B) Notwithstanding the provisions of subparagraphs (A)(i), (A)(ii) and (A)(iii) of this subdivision, if [a] an internal discrimination complaint is made against the executive head of a state agency or department, any member of a state board or commission or any affirmative action officer alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, or if [a] an internal complaint of discrimination is made by the executive head of a state agency, any member of a state board or commission or any affirmative action officer, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation by the Department of Administrative Services. If the internal discrimination complaint is made by or against the executive head, any member or the affirmative action officer of the Commission on Human Rights and Opportunities alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, the commission shall refer the complaint to the Department of Administrative Services for review and, if appropriate, investigation. If the internal complaint is by or against the executive head or affirmative action officer of the Department of Administrative Services, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation. Each person who conducts an investigation pursuant to this subparagraph shall report all findings and recommendations upon the conclusion of such investigation to the appointing authority of the individual who was the subject of the complaint for proper action. The provisions of this subparagraph shall apply to any such complaint pending on or after July 5, 2007.
[(5)] (4) Each person designated by a state agency, department, board or commission as an affirmative action officer, and each person designated by the Attorney General or the Attorney General's designee to represent an agency pursuant to subdivision [(6)] (5) of this subsection, shall complete training provided by the Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women pursuant to subdivision [(3)] (2) of this subsection.
[(6)] (5) No person designated by a state agency, department, board or commission as an affirmative action officer shall represent such agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission concerning a discrimination complaint. If a discrimination complaint is filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission against a state agency, department, board or commission, the Attorney General, or the Attorney General's designee, other than the affirmative action officer for such agency, department, board or commission, shall represent the state agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission. In the case of a discrimination complaint filed against the Metropolitan District of Hartford County, the Attorney General, or the Attorney General's designee, shall not represent such district before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission.
(c) Each state agency, department, board and commission shall file an affirmative action plan developed in accordance with subsection (a) of this section, with the [Commission on Human Rights and Opportunities, semiannually] Department of Administrative Services, annually, except that any state agency, department, board or commission [which] that has an affirmative action plan approved by the [commission may] department shall be permitted to file its plan on [an annual] a biennial basis. [in a manner prescribed by the commission and any state agency, department, board or commission that employs twenty or fewer full-time employees shall file its affirmative action plan biennially.] All such affirmative action plans shall be filed electronically with the Department of Administrative Services.
(d) The [Commission on Human Rights and Opportunities] Department of Administrative Services shall review and formally approve, conditionally approve or disapprove the content of such affirmative action plans [within] not later than ninety days [of] after the submission of each plan to the [commission] department. If the [commissioners, by a majority vote of those present and voting, fail] department fails to approve, conditionally approve or disapprove a plan within [that] such period, the plan shall be deemed to be approved.
(e) The Commissioner of Administrative Services and the Secretary of the Office of Policy and Management shall [cooperate with the Commission on Human Rights and Opportunities to] insure that the State Personnel Act and personnel regulations are administered, and that the process of collective bargaining is conducted by all parties in a manner consistent with the affirmative action responsibilities of the state.
(f) The [Commission on Human Rights and Opportunities] Department of Administrative Services shall monitor the activity of such plans within each state agency, department, board and commission and report in accordance with the provisions of section 11-4a to the Governor and the General Assembly on or before April first of each year concerning the results of such plans.
[(g) The Commission on Human Rights and Opportunities shall adopt regulations, in accordance with chapter 54, to carry out the requirements of this section. Such regulations shall include a schedule for semiannual, annual and biennial filing of plans.]
Sec. 5. Section 46a-68a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) The [commission] Department of Administrative Services may issue a certificate of noncompliance if the affirmative action plan required by section 46a-68, as amended by this act, is disapproved.
(b) The issuance of a certificate of noncompliance shall bar the agency, department, board or commission in noncompliance with section 46a-68, as amended by this act, from filling a position or position classification by hire or promotion upon receipt of the certificate, the provisions of any state law or regulation to the contrary notwithstanding, until: (1) The [commission] department determines that the agency has achieved compliance with section 46a-68, as amended by this act, and withdraws the certificate; or (2) the commission, at a hearing requested by the agency, department, board or commission receiving the certificate or by the Department of Administrative Services and conducted by a presiding officer appointed by the chairperson of the commission, is unable to show cause why the certificate of noncompliance should not be rescinded or a court, upon appeal, so determines; or (3) the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management [certify] certifies to the [commission] Department of Administrative Services that the agency in noncompliance with section 46a-68, as amended by this act, requires immediate filling of the vacancy because failure to fill the position or position classification will cause an emergency situation to exist jeopardizing the public welfare. A separate certificate of exemption shall be required for each vacancy in a position or position classification with respect to which the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management [certify] certifies that an emergency situation exists.
(c) Hearings under this section shall be conducted in accordance with sections 4-176e to 4-182, inclusive.
(d) The commission, in consultation with the Department of Administrative Services, shall adopt regulations in accordance with chapter 54 to implement this section.
Sec. 6. Section 46a-68c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
In addition to the provisions of section 4a-60, each contractor with fifty or more employees awarded a public works contract in excess of fifty thousand dollars in any fiscal year, but not subject to the provisions of section 46a-68d, as amended by this act, shall develop and electronically file with the [commission] Department of Administrative Services an affirmative action plan which shall comply with [regulations adopted by said commission] any guidelines for such plan issued by the department. Failure to develop an approved affirmative action plan pursuant to this section shall act as a bar to bidding on or the award of future contracts until such requirement has been met. When the [commission] department approves an affirmative action plan pursuant to this section, it shall issue a certificate of compliance to the contractor. [This] Such certificate shall be prima facie proof of the contractor's eligibility to bid or be awarded contracts for a period of two years from the date of the certificate. Such certificate shall not excuse the contractor from monitoring by the department or commission or from the reporting and record-keeping requirements of sections 46a-68e and 46a-68f. The [commission] department may revoke the certificate of a contractor if the contractor does not implement its affirmative action plan in compliance with this section and sections 4a-60, 4a-60g, as amended by this act, 4a-62, 46a-56, as amended by this act, 46a-68b, 46a-68d, as amended by this act, and 46a-68e to 46a-68k, inclusive.
Sec. 7. Section 46a-68d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
In addition to the provisions of section 4a-60, every public works contract subject to the provisions of part II of chapter 60 shall also be subject to the provisions of this section. After a bid has been accepted but before a contract is awarded, the successful bidder shall electronically file and have approved by the [commission] Department of Administrative Services an affirmative action plan. The [commission] department may provide for conditional acceptance of an affirmative action plan provided written assurances are given by the contractor that it will amend its plan to conform to affirmative action requirements. The state shall withhold two per cent of the total contract price per month from any payment made to such contractor until such time as the contractor has developed an affirmative action plan, and received the approval of the [commission] department. Notwithstanding the provisions of this section, a contractor subject to the provisions of this section may electronically file a plan in advance of or at the same time as its bid. The [commission] department shall review plans submitted pursuant to this section [within] not later than sixty days [of] after receipt and either approve, approve with conditions or reject such plan. When the [commission] department approves an affirmative action plan pursuant to this section, it shall issue a certificate of compliance to the contractor as provided in section 46a-68c, as amended by this act.
Sec. 8. Section 46a-68g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
Contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of sections 4a-60, 4a-60g, 46a-56, as amended by this act, and 46a-68c to 46a-68f, inclusive, as amended by this act. [, or submits a program for compliance acceptable to the commission.]
Sec. 9. Section 46a-68j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
The commission shall adopt regulations in accordance with the provisions of chapter 54 for the purposes of sections 4a-60, 46a-56, as amended by this act, and [46a-68b] 46a-68e to 46a-68i, inclusive.
Sec. 10. Subsections (g) to (m), inclusive, of section 4a-60g of the 2010 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(g) The awarding authority or the Commissioner of Administrative Services [or the Commission on Human Rights and Opportunities] may conduct an audit of the financial, corporate and business records and conduct an investigation of any small contractor or minority business enterprise [which] that applies for or is awarded a set-aside contract for the purpose of determining eligibility for awards or compliance with the requirements established under this section.
(h) The provisions of this section shall not apply to any state agency or political subdivision of the state other than a municipality for which the total value of all contracts or portions of contracts of the types enumerated in subsection (b) of this section is anticipated to be equal to ten thousand dollars or less.
(i) In lieu of a performance, bid, labor and materials or other required bond, a contractor or subcontractor awarded a contract under this section may provide to the awarding authority, and the awarding authority shall accept a letter of credit. Any such letter of credit shall be in an amount equal to ten per cent of the contract for any contract that is less than one hundred thousand dollars and in an amount equal to twenty-five per cent of the contract for any contract that exceeds one hundred thousand dollars.
(j) (1) Whenever the awarding authority has reason to believe that any contractor or subcontractor awarded a set-aside contract has wilfully violated any provision of this section, the awarding authority shall send a notice to such contractor or subcontractor by certified mail, return receipt requested. Such notice shall include: (A) A reference to the provision alleged to be violated; (B) a short and plain statement of the matter asserted; (C) the maximum civil penalty that may be imposed for such violation; and (D) the time and place for the hearing. Such hearing shall be fixed for a date not earlier than fourteen days after the notice is mailed. [The awarding authority shall send a copy of such notice to the Commission on Human Rights and Opportunities.]
(2) The awarding authority shall hold a hearing on the violation asserted unless such contractor or subcontractor fails to appear. The hearing shall be held in accordance with the provisions of chapter 54. If, after the hearing, the awarding authority finds that the contractor or subcontractor has wilfully violated any provision of this section, the awarding authority shall suspend all set-aside contract payments to the contractor or subcontractor and may, in its discretion, order that a civil penalty not exceeding ten thousand dollars per violation be imposed on the contractor or subcontractor. If such contractor or subcontractor fails to appear for the hearing, the awarding authority may, as the facts require, order that a civil penalty not exceeding ten thousand dollars per violation be imposed on the contractor or subcontractor. The awarding authority shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to the contractor or subcontractor named in such order. The awarding authority may cause proceedings to be instituted by the Attorney General for the enforcement of any order imposing a civil penalty issued under this subsection.
(k) On or before January 1, 2000, the Commissioner of Administrative Services shall establish a process for certification of small contractors and minority business enterprises as eligible for set-aside contracts. Each certification shall be valid for a period not to exceed two years. Any paper application for certification shall be no longer than six pages. The Department of Administrative Services shall maintain on its web site an updated directory of small contractors and minority business enterprises certified under this section.
(l) On or before August 30, 2007, and annually thereafter, each state agency and each political subdivision of the state other than a municipality setting aside contracts or portions of contracts shall prepare a report establishing small and minority business set-aside program goals for the twelve-month period beginning July first in the same year. Each such report shall be submitted to the Commissioner of Administrative Services [, the Commission on Human Rights and Opportunities] and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and government administration and elections in accordance with the provisions of section 11-4a.
(m) On or before November 1, 1995, and quarterly thereafter, each state agency and each political subdivision of the state other than a municipality setting aside contracts or portions of contracts shall prepare a status report on the implementation and results of its small business and minority business enterprise set-aside program goals during the three-month period ending one month before the due date for the report. Each report shall be submitted to the Commissioner of Administrative Services. [and the Commission on Human Rights and Opportunities.] Any state agency or political subdivision of the state, other than a municipality, that achieves less than fifty per cent of its small contractor and minority business enterprise set-aside program goals by the end of the second reporting period in any twelve-month period beginning on July first shall provide a written explanation to the Commissioner of Administrative Services [and the Commission on Human Rights and Opportunities] detailing how the agency or political subdivision will achieve its goals in the final reporting period. The [Commission on Human Rights and Opportunities] Department of Administrative Services shall: (1) Monitor the achievement of the annual goals established by each state agency and political subdivision of the state other than a municipality; and (2) prepare a quarterly report concerning such goal achievement. The report shall be [submitted to each state agency that submitted a report, the Commissioner of Economic and Community Development, the Commissioner of Administrative Services and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and government administration and elections] posted on the Internet web site of the Department of Administrative Services. Failure by any state agency or political subdivision of the state other than a municipality to submit any reports required by this section shall be a violation of section 46a-77.
Sec. 11. (NEW) (Effective October 1, 2010) Any state agency, department, board or commission that is required to prepare an affirmative action plan for a federal agency may submit such plan to the Department of Administrative Services in lieu of the affirmative action plan required in section 46a-68 of the general statutes, as amended by this act.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2010 4a-2(a)
Sec. 2 October 1, 2010 46a-54
Sec. 3 October 1, 2010 46a-56
Sec. 4 October 1, 2010 46a-68
Sec. 5 October 1, 2010 46a-68a
Sec. 6 October 1, 2010 46a-68c
Sec. 7 October 1, 2010 46a-68d
Sec. 8 October 1, 2010 46a-68g
Sec. 9 October 1, 2010 46a-68j
Sec. 10 October 1, 2010 4a-60g(g) to (m)
Sec. 11 October 1, 2010 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2010
4a-2(a)
Sec. 2
October 1, 2010
46a-54
Sec. 3
October 1, 2010
46a-56
Sec. 4
October 1, 2010
46a-68
Sec. 5
October 1, 2010
46a-68a
Sec. 6
October 1, 2010
46a-68c
Sec. 7
October 1, 2010
46a-68d
Sec. 8
October 1, 2010
46a-68g
Sec. 9
October 1, 2010
46a-68j
Sec. 10
October 1, 2010
4a-60g(g) to (m)
Sec. 11
October 1, 2010
New section
GAE Joint Favorable Subst.
GAE
Joint Favorable Subst.