| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (GAE) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING THE SET-ASIDE PROGRAM AND THE PERCENTAGE OF CONTRACTS RESERVED FOR MINORITY BUSINESS ENTERPRISES. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsections (a) and (b) of section 4a-60g of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) As used in this section and sections 4a-60h to 4a-60j, inclusive, the following terms have the following meanings: |
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| 31 | 31 | | |
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| 32 | 32 | | (1) "Small contractor" means any contractor, subcontractor, manufacturer, service company or nonprofit corporation (A) that maintains its principal place of business in the state, (B) that had gross revenues not exceeding fifteen million dollars in the most recently completed fiscal year prior to such application, and (C) that is independent. "Small contractor" does not include any person who is affiliated with another person if both persons considered together have a gross revenue exceeding fifteen million dollars. |
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| 33 | 33 | | |
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| 34 | 34 | | (2) "Independent" means the viability of the enterprise of the small contractor does not depend upon another person, as determined by an analysis of the small contractor's relationship with any other person in regards to the provision of personnel, facilities, equipment, other resources and financial support, including bonding. |
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| 35 | 35 | | |
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| 36 | 36 | | (3) "State agency" means each state board, commission, department, office, institution, council or other agency with the power to contract for goods or services itself or through its head. |
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| 37 | 37 | | |
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| 38 | 38 | | (4) "Minority business enterprise" means any small contractor (A) fifty-one per cent or more of the capital stock, if any, or assets of which are owned by a person or persons who (i) exercise operational authority over the daily affairs of the enterprise, (ii) have the power to direct the management and policies and receive the beneficial interest of the enterprise, (iii) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, and (iv) are members of a minority, [as such term is defined in subsection (a) of section 32-9n,] are women or are individuals with a disability, or (B) which is a nonprofit corporation in which fifty-one per cent or more of the persons who (i) exercise operational authority over the enterprise, (ii) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, (iii) have the power to direct the management and policies of the enterprise, and (iv) are members of a minority, [as defined in this subsection,] are women or are individuals with a disability. |
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| 39 | 39 | | |
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| 40 | 40 | | (5) "Affiliated" means the relationship in which a person directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person. |
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| 41 | 41 | | |
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| 42 | 42 | | (6) "Control" means the power to direct or cause the direction of the management and policies of any person, whether through the ownership of voting securities, by contract or through any other direct or indirect means. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, twenty per cent or more of any voting securities of another person. |
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| 43 | 43 | | |
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| 44 | 44 | | (7) "Person" means any individual, corporation, limited liability company, partnership, association, joint stock company, business trust, unincorporated organization or other entity. |
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| 45 | 45 | | |
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| 46 | 46 | | (8) "Minority" means (A) Black Americans, including all persons having origins in any of the Black African racial groups not of Hispanic origin; (B) Hispanic Americans, including all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race; (C) all persons having origins in the Iberian Peninsula, including Portugal, regardless of race; (D) Asian Pacific Americans and Pacific Islanders; or (E) American Indians and persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification. |
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| 47 | 47 | | |
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| 48 | 48 | | [(8)] (9) "Individual with a disability" means an individual (A) having a physical or mental impairment that substantially limits one or more of the major life activities of the individual, which mental impairment may include, but is not limited to, having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", or (B) having a record of such an impairment. |
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| 49 | 49 | | |
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| 50 | 50 | | [(9)] (10) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statutes thereto. |
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| 51 | 51 | | |
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| 52 | 52 | | (b) It is found and determined that there is a serious need to help small contractors, minority business enterprises, nonprofit organizations and individuals with disabilities to be considered for and awarded state contracts for the construction, reconstruction or rehabilitation of public buildings, the construction and maintenance of highways and the purchase of goods and services. Accordingly, the necessity, in the public interest and for the public benefit and good, of the provisions of this section, sections 4a-60h to 4a-60j, inclusive, and sections 32-9i to 32-9p, inclusive, is declared as a matter of legislative determination. Notwithstanding any provisions of the general statutes to the contrary, and except as set forth herein, the head of each state agency and each political subdivision of the state other than a municipality shall set aside in each fiscal year, for award to small contractors, on the basis of competitive bidding procedures, contracts or portions of contracts for the construction, reconstruction or rehabilitation of public buildings, the construction and maintenance of highways and the purchase of goods and services. Eligibility of nonprofit corporations under the provisions of this section shall be limited to predevelopment contracts awarded by the Commissioner of Housing for housing projects. The total value of such contracts or portions thereof to be set aside by each such agency shall be at least twenty-five per cent of the total value of all contracts let by the head of such agency in each fiscal year, provided that neither: (1) A contract that may not be set aside due to a conflict with a federal law or regulation; or (2) a contract for any goods or services which have been determined by the Commissioner of Administrative Services to be not customarily available from or supplied by small contractors shall be included. Contracts or portions thereof having a value of not less than twenty-five per cent of the total value of all contracts or portions thereof to be set aside shall be reserved for awards to minority business enterprises, provided not less than fifty per cent of the contracts or portions of such contracts so reserved shall be reserved for awards to minority business enterprises that are members of a minority. |
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| 53 | 53 | | |
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| 54 | 54 | | |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | This act shall take effect as follows and shall amend the following sections: |
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| 58 | 58 | | Section 1 October 1, 2015 4a-60g(a) and (b) |
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| 59 | 59 | | |
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| 60 | 60 | | This act shall take effect as follows and shall amend the following sections: |
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| 61 | 61 | | |
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| 62 | 62 | | Section 1 |
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| 63 | 63 | | |
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| 64 | 64 | | October 1, 2015 |
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| 65 | 65 | | |
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| 66 | 66 | | 4a-60g(a) and (b) |
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| 67 | 67 | | |
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