Connecticut 2018 Regular Session

Connecticut House Bill HB05265 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5265
2		-	February Session, 2018 _____HB05265GAE___032618____
	1	+	General Assembly Raised Bill No. 5265
	2	+	February Session, 2018 LCO No. 1770
	3	+	01770_______GAE
	4	+	Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
	5	+	Introduced by:
	6	+	(GAE)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5265
	10	+	Raised Bill No. 5265
7	11
8	12		February Session, 2018
9	13
10		-	~~_____HB05265GAE___032618____~~
	14	+	LCO No. 1770
11	15
12		-	AN ACT REQUIRING THE PROMPT PAYMENT OF CONTRACTORS.
	16	+	01770_______GAE
	17	+
	18	+	Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
	19	+
	20	+	Introduced by:
	21	+
	22	+	(GAE)
	23	+
	24	+	AN ACT CONCERNING THE SET-ASIDE PROGRAMS FOR WOMEN-OWNED BUSINESS ENTERPRISES AND REQUIRING THE PROMPT PAYMENT OF CONTRACTORS.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16		-	Section 1. Section 4a-~~60j~~ of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	28	+	Section 1. Section 4a-60g of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
17	29
18		-	[A~~] Unless otherwise agreed by the parties~~ in ~~the terms of a written contract, a small contractor shall receive payment on a contract awarded to him or her under the provisions of~~ sections 4a-~~60g~~ to 4a-~~60i~~, inclusive, ~~no later than [thirty] twenty-five days from~~ the ~~due date of any such payment on such contract.~~
	30	+	(a) As used in this section and sections 4a-60h to 4a-60j, inclusive, as amended by this act, the following terms have the following meanings:
19	31
20		-	~~Sec. 2.~~ ~~Section 42-158j~~ of the ~~2018 supplement~~ to ~~the general statutes~~ is ~~repealed and the following~~ is ~~substituted in lieu thereof (Effective~~ ~~October 1,~~ ~~2018):~~
	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.
21	33
22		-	(a) [Each] Unless otherwise agreed by the parties in the terms of a written construction contract, each construction contract shall contain the following provisions: (1) A requirement that the owner pay any amounts due to any contractor in a direct contractual relationship with the owner, or due to any subcontractor or supplier in a direct contractual relationship with the contractor, whether for labor performed or materials furnished, not later than thirty days after the date any written request for such payment has been made to the owner by such contractor, subcontractor or supplier; (2) a requirement that the contractor pay any amounts due any subcontractor or supplier, whether for labor performed or materials furnished, not later than [thirty] twenty-five days after the date the contractor receives payment from the owner which encompasses labor performed or materials furnished by such subcontractor or supplier; and (3) a requirement that the contractor shall include in each of its subcontracts a provision requiring each subcontractor and supplier to pay any amounts due any of its subcontractors or suppliers, whether for labor performed or materials furnished, not later than [thirty] twenty-five days after the date such subcontractor or supplier receives a payment from the contractor which encompasses labor performed or materials furnished by such subcontractor or supplier.
	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.
	35	+
	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.
	37	+
	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,] 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,] or are individuals with a disability.
	39	+
	40	+	(5) "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.
	41	+
	42	+	(6) "Women-owned business enterprise" means any small contractor of which fifty-one per cent or more of the capital stock, if any, or assets are owned, or in the case of a nonprofit corporation fifty-one per cent or more of the corporation is managed, by a person or persons who (A) exercise operational authority over the daily affairs of the enterprise, (B) have the power to direct the management and policies and receive the beneficial interest of the enterprise, (C) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, and (D) are women.
	43	+
	44	+	[(5)] (7) "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.
	45	+
	46	+	[(6)] (8) "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.
	47	+
	48	+	[(7)] (9) "Person" means any individual, corporation, limited liability company, partnership, association, joint stock company, business trust, unincorporated organization or other entity.
	49	+
	50	+	[(8)] (10) "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.
	51	+
	52	+	[(9)] (11) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statutes thereto.
	53	+
	54	+	[(10)] (12) "Municipality" means any town, city, borough, consolidated town and city or consolidated town and borough.
	55	+
	56	+	[(11)] (13) "Quasi-public agency" has the same meaning as provided in section 1-120.
	57	+
	58	+	[(12)] (14) "Awarding agency" means a state agency or political subdivision of the state other than a municipality.
	59	+
	60	+	[(13)] (15) "Public works contract" has the same meaning as provided in section 46a-68b.
	61	+
	62	+	[(14)] (16) "Municipal public works contract" means that portion of an agreement entered into on or after October 1, 2015, between any individual, firm or corporation and a municipality for the construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, which is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees but excluding any project of an alliance district, as defined in section 10-262u, financed by state funding in an amount equal to fifty thousand dollars or less.
	63	+
	64	+	[(15)] (17) "Quasi-public agency project" means the construction, rehabilitation, conversion, extension, demolition or repair of a building or other changes or improvements in real property pursuant to a contract entered into on or after October 1, 2015, which is financed in whole or in part by a quasi-public agency using state funds, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.
	65	+
	66	+	(b) (1) It is found and determined that there is a serious need to help small contractors, minority business enterprises, women-owned business enterprises, nonprofit organizations and individuals with disabilities to be considered for and awarded state contracts for the purchase of goods and services, public works contracts, municipal public works contracts and contracts for quasi-public agency projects. Accordingly, the necessity of awarding such contracts in compliance with the provisions of this section, sections 4a-60h to 4a-60j, inclusive, as amended by this act, and sections 32-9i to 32-9p, inclusive, for advancement of the public benefit and good, is declared as a matter of legislative determination.
	67	+
	68	+	(2) Notwithstanding any provisions of the general statutes, and except as set forth in this section, the head of each awarding agency 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. 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 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 not be included. Contracts or portions thereof having a value of not less than [twenty-five] twelve and one-half 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. Contracts or portions thereof having a value of not less than twelve and one-half per cent of the total value of all contracts or portions thereof to be set aside shall be reserved for awards to women-owned business enterprises.
	69	+
	70	+	(3) Notwithstanding any provision of the general statutes, and except as provided in this section, on and after October 1, [2015] 2018, each municipality when awarding a municipal public works contract shall state in its notice of solicitation for competitive bids or request for proposals or qualifications for such contract that the general or trade contractor shall be required to comply with the provisions of this section and the requirements concerning nondiscrimination and affirmative action under sections 4a-60, as amended by this act, and 4a-60a. Any such contractor awarded a municipal public works contract shall, on the basis of competitive bidding procedures, (A) set aside at least twenty-five per cent of the total value of the state's financial assistance for such contract for award to subcontractors who are small contractors, and (B) of that portion to be set aside in accordance with subparagraph (A) of this subdivision, reserve a portion equivalent to [twenty-five] (i) twelve and one-half per cent of the total value of the contract or portion thereof to be set aside for awards to subcontractors who are minority business enterprises, and (ii) twelve and one-half per cent of the total value of the contract or portion thereof to be set aside for awards to subcontractors who are women-owned business enterprises. The provisions of this section shall not apply to any municipality that has established a set-aside program pursuant to section 7-148u where the percentage of contracts set aside for minority business enterprises and women-owned business enterprises is equivalent to or exceeds the [percentage] percentages set forth in this subsection.
	71	+
	72	+	(4) Notwithstanding any provision of the general statutes, and except as provided in this section, on and after October 1, [2015] 2018, any individual, firm or corporation that enters into a contract for a quasi-public agency project shall, prior to awarding such contract, notify the contractor to be awarded such project of the requirements of this section and the requirements concerning nondiscrimination and affirmative action under sections 4a-60, as amended by this act, and 4a-60a. Any such contractor awarded a contract for a quasi-public agency project shall, on the basis of competitive bidding procedures, (A) set aside at least twenty-five per cent of the total value of the state's financial assistance for such contract for award to subcontractors who are small contractors, and (B) of that portion to be set aside in accordance with subparagraph (A) of this subdivision, reserve a portion equivalent to [twenty-five] (i) twelve and one-half per cent of the total value of the contract or portions thereof to be set aside for awards to subcontractors who are minority business enterprises, and (ii) twelve and one-half per cent of the total value of the contract or portions thereof to be set aside for awards to subcontractors who are women-owned business enterprises.
	73	+
	74	+	(5) 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.
	75	+
	76	+	(6) In calculating the percentage of contracts to be set aside under subdivisions (2) to (4), inclusive, of this subsection, the awarding agency or contractor shall exclude any contract that may not be set aside due to a conflict with a federal law or regulation.
	77	+
	78	+	(c) The head of any awarding agency may, in lieu of setting aside any contract or portions thereof, require any general or trade contractor or any other entity authorized by such agency to award contracts, to set aside a portion of any contract for subcontractors who are eligible for set-aside contracts under this section. Nothing in this subsection shall be construed to diminish the total value of contracts which are required to be set aside by any awarding agency pursuant to this section.
	79	+
	80	+	(d) The head of each awarding agency shall notify the Commissioner of Administrative Services of all contracts to be set aside pursuant to subdivision (2) of subsection (b) or subsection (c) of this section at the time that bid documents for such contracts are made available to potential contractors.
	81	+
	82	+	(e) The awarding authority shall require that a contractor or subcontractor awarded a contract or a portion of a contract under this section perform not less than thirty per cent of the work with the workforces of such contractor or subcontractor and shall require that not less than fifty per cent of the work be performed by contractors or subcontractors eligible for awards under this section. A contractor awarded a contract or a portion of a contract under this section shall not subcontract with any person with whom the contractor is affiliated. No person who is affiliated with another person shall be eligible for awards under this section if both affiliated persons considered together would not qualify as a small contractor, [or] a minority business enterprise or a women-owned enterprise under subsection (a) of this section. The awarding authority shall require that a contractor awarded a contract pursuant to this section submit, in writing, an explanation of any subcontract to such contract that is entered into with any person that is not eligible for the award of a contract pursuant to this section, prior to the performance of any work pursuant to such subcontract.
	83	+
	84	+	(f) The awarding authority may require that a contractor or subcontractor awarded a contract or a portion of a contract under this section furnish the following documentation: (1) A copy of the certificate of incorporation, certificate of limited partnership, partnership agreement or other organizational documents of the contractor or subcontractor; (2) a copy of federal income tax returns filed by the contractor or subcontractor for the previous year; and (3) evidence of payment of fair market value for the purchase or lease by the contractor or subcontractor of property or equipment from another contractor who is not eligible for set-aside contracts under this section.
	85	+
	86	+	(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 or women-owned business enterprise which 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.
	87	+
	88	+	(h) The provisions of this section shall not apply to (1) any awarding agency for which the total value of all contracts or portions of contracts of the types enumerated in subdivision (2) of subsection (b) of this section is anticipated to be equal to ten thousand dollars or less, or (2) any municipal public works contract or contract for a quasi-public agency project for which the total value of the contract is anticipated to be equal to fifty thousand dollars or less.
	89	+
	90	+	(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.
	91	+
	92	+	(j) (1) Whenever the awarding agency has reason to believe that any contractor or subcontractor awarded a state set-aside contract has wilfully violated any provision of this section, the awarding agency 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 agency shall send a copy of such notice to the Commission on Human Rights and Opportunities.
	93	+
	94	+	(2) The awarding agency 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 agency finds that the contractor or subcontractor has wilfully violated any provision of this section, the awarding agency 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 agency 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 agency 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 agency may cause proceedings to be instituted by the Attorney General for the enforcement of any order imposing a civil penalty issued under this subsection.
	95	+
	96	+	(k) (1) On or before [January 1, 2000] August 1, 2018, the Commissioner of Administrative Services shall establish a process for certification of small contractors, [and] minority business enterprises and women-owned business enterprises as eligible for set-aside contracts. Each certification shall be valid for a period not to exceed two years, unless the Commissioner of Administrative Services determines that an extension of such certification is warranted, provided any such extension shall not exceed a period of six months from such certification's original expiration date. Any certification issued prior to October 1, 2018, shall remain valid for the term listed on such certification unless revoked pursuant to subdivision (2) of this subsection. 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 and women-owned business enterprises certified under this section.
	97	+
	98	+	(2) The Commissioner of Administrative Services may deny an application for the initial issuance or renewal of such certification after issuing a written decision to the applicant setting forth the basis for such denial. The commissioner may revoke such certification for cause after notice and an opportunity for a hearing in accordance with the provisions of chapter 54. Any person aggrieved by the commissioner's decision to deny the issuance or renewal of or to revoke such certification may appeal such decision to the Superior Court, in accordance with the provisions of section 4-183.
	99	+
	100	+	(3) Whenever the Commissioner of Administrative Services has reason to believe that a small contractor, [or] minority business enterprise or women-owned business enterprise who has applied for or received certification under this section has included a materially false statement in his or her application, the commissioner may impose a penalty not exceeding ten thousand dollars after notice and a hearing held in accordance with chapter 54. Such notice shall include (A) a reference to the statement or statements contained in the application alleged to be false, (B) the maximum civil penalty that may be imposed for such misrepresentation, and (C) the time and place of the hearing. Such hearing shall be fixed for a date not later than fourteen days from the date such notice is sent. The commissioner shall send a copy of such notice to the Commission on Human Rights and Opportunities.
	101	+
	102	+	(4) The commissioner shall hold a hearing prior to such revocation or denial or the imposition of a penalty, unless such contractor or subcontractor fails to appear. If, after the hearing, the commissioner finds that the contractor or subcontractor has wilfully included a materially false statement in his or her application for certification under this subsection, the commissioner shall revoke or deny the certification and may order that a civil penalty not exceeding ten thousand dollars be imposed on the contractor or subcontractor. If such contractor or subcontractor fails to appear for the hearing, the commissioner may, as the facts require, revoke or deny the certification and order that a civil penalty not exceeding ten thousand dollars be imposed on the contractor or subcontractor. The commissioner shall send a copy of any order issued pursuant to this subsection to the contractor or subcontractor named in such order. The commissioner may cause proceedings to be instituted by the Attorney General for the enforcement of any order imposing a civil penalty issued under this subsection.
	103	+
	104	+	(l) On or before August thirtieth of each year, each awarding agency setting aside contracts or portions of contracts under subdivision (2) of subsection (b) of this section shall prepare a report establishing small [and] contractor, minority business and women-owned business state 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.
	105	+
	106	+	(m) On or before November first of each year and on a quarterly basis thereafter, each awarding agency setting aside contracts or portions of contracts under subdivision (2) of subsection (b) of this section shall prepare a status report on the implementation and results of its small [business and] contractor, minority business enterprise and women-owned business enterprise state 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 awarding agency that achieves less than fifty per cent of its small contractor, [and] minority business enterprise and women-owned business enterprise state 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 awarding agency will achieve its goals in the final reporting period. The Commission on Human Rights and Opportunities shall: (1) Monitor the achievement of the annual goals established by each awarding agency; and (2) prepare a quarterly report concerning such goal achievement. The report shall be submitted to each awarding 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. Failure by any awarding agency to submit any reports required by this section shall be a violation of section 46a-77.
	107	+
	108	+	(n) Nothing in this section shall be construed to apply to the janitorial or service contracts awarded pursuant to subsections (b) to (d), inclusive, of section 4a-82.
	109	+
	110	+	(o) The Commissioner of Administrative Services may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section.
	111	+
	112	+	Sec. 2. Subsections (d) and (e) of section 4a-60h of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	113	+
	114	+	(d) The Commissioner of Administrative Services shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of sections 4a-60g to 4a-60j, inclusive, as amended by this act, in regard to the state set-aside program. Such regulations shall include (1) provisions concerning the application of the program to individuals with a disability and women; (2) guidelines for a legally acceptable format for, and content of, letters of credit authorized under subsection (j) of section 4a-60g, as amended by this act; (3) procedures for random site visits to the place of business of an applicant for certification at the time of application and at subsequent times, as necessary, to ensure the integrity of the application process; and (4) time limits for approval or disapproval of applications.
	115	+
	116	+	(e) [On or before January 1, 1994, the] The Commissioner of Administrative Services shall, by regulations adopted in accordance with chapter 54, establish a process to ensure that small contractors, small businesses, [and] minority business enterprises and women-owned business enterprises have fair access to all competitive state contracts outside of the state set-aside program.
	117	+
	118	+	Sec. 3. Section 4a-60j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	119	+
	120	+	A small contractor shall receive payment on a contract awarded to him or her under the provisions of sections 4a-60g to 4a-60i, inclusive, as amended by this act, no later than [thirty] fifteen days from the due date of any such payment on such contract.
	121	+
	122	+	Sec. 4. Section 4a-61 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	123	+
	124	+	The Commissioner of Administrative Services, with the advice of the Commissioner of Economic and Community Development, shall adopt regulations, in accordance with chapter 54, establishing procedures for the award of contracts concerning minority business enterprises and women-owned business enterprises by the state or any political subdivision of the state other than a municipality.
	125	+
	126	+	Sec. 5. Section 42-158j of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	127	+
	128	+	(a) Each construction contract shall contain the following provisions: (1) A requirement that the owner pay any amounts due to any contractor in a direct contractual relationship with the owner, or due to any subcontractor or supplier in a direct contractual relationship with the contractor, whether for labor performed or materials furnished, not later than thirty days after the date any written request for such payment has been made to the owner by such contractor, subcontractor or supplier; (2) a requirement that the contractor pay any amounts due any subcontractor or supplier, whether for labor performed or materials furnished, not later than [thirty] fifteen days after the date the contractor receives payment from the owner which encompasses labor performed or materials furnished by such subcontractor or supplier; and (3) a requirement that the contractor shall include in each of its subcontracts a provision requiring each subcontractor and supplier to pay any amounts due any of its subcontractors or suppliers, whether for labor performed or materials furnished, not later than [thirty] ten days after the date such subcontractor or supplier receives a payment from the contractor which encompasses labor performed or materials furnished by such subcontractor or supplier.
23	129
24	130		(b) Each payment requisition submitted by a contractor or subcontractor in accordance with the requirements of subsection (a) of this section shall include a statement showing the status of all pending construction change orders, other pending change directives and approved changes to the original contract or subcontract. Such statement shall identify the pending construction change orders and other pending change directives, and shall include the date such change orders and directives were initiated, the costs associated with their performance and a description of any work completed. As used in this section, "pending construction change order" or "other pending change directive" means an authorized directive for extra work that has been issued to a contractor or a subcontractor.
25	131
26	132		(c) (1) If payment is not made by an owner in accordance with the requirements of subdivision (1) of subsection (a) of this section or any applicable construction contract, such contractor, subcontractor or supplier shall set forth its claim against the owner through notice by registered or certified mail. All amounts due from the owner pursuant to this subsection and subdivision (1) of subsection (a) of this section shall be limited to the amount owed to the contractor by the owner for work performed under the contract at the date such notice is provided.
27	133
28	134		(2) If payment is not made by a contractor in accordance with the requirements of subdivision (2) of subsection (a) of this section or any applicable construction contract, the subcontractor or supplier shall set forth its claim against the contractor through notice by registered or certified mail.
29	135
30	136		(3) If payment is not made by a subcontractor or supplier in accordance with the provisions of subdivision (3) of subsection (a) of this section, the subcontractor or supplier to whom money is owed shall set forth its claim against the subcontractor or supplier who has failed to comply with the provisions of said subdivision (3) through notice by registered or certified mail.
31	137
32	138		(4) Ten days after the receipt of any notice specified in subdivisions (1), (2) and (3) of this subsection, the owner, contractor, subcontractor or supplier, as the case may be, shall be liable for interest on the amount due and owing at the rate of one per cent per month. Such interest shall accrue beginning on the date any such notice is received. In addition, such owner, contractor, subcontractor or supplier, upon written demand from the party providing such notice, shall be required to place funds in the amount of the claim, plus such interest of one per cent per month, in an interest-bearing escrow account in a bank in this state, provided such owner, contractor, subcontractor or supplier may refuse to place the funds in escrow on the grounds that the party making such demand has not substantially performed the work or supplied the materials according to the terms of the construction contract or that the funds so demanded are not due under the owner's contract with the contractor. In the event that such owner, contractor, subcontractor or supplier refuses to place such funds in escrow and such owner, contractor, subcontractor or supplier is found to have unreasonably withheld payment due a party providing such notice, such owner, contractor, subcontractor or supplier shall be liable to the party making demand for payment of such funds and for reasonable attorneys' fees plus interest on the amount due and owing at the rate of one per cent per month. In addition, any owner, contractor, subcontractor or supplier who is found to have withheld payments to a party providing such notice in bad faith shall be liable for ten per cent damages.
33	139
34	140		(d) No payment may be withheld from a subcontractor or supplier for work performed or materials furnished because of a dispute between a contractor and another contractor, subcontractor or supplier.
35	141
36	142		(e) This section shall not be construed to prohibit progress payments prior to final payment of the contract and is applicable to all subcontractors and suppliers for material or labor whether they have contracted directly with the contractor or with some other subcontractor on the work. Each owner that enters into a contract under this section and fails or neglects to make payment to a contractor for labor and materials supplied under a contract, as required pursuant to this section, shall, upon demand of any person who has not been paid by the contractor for such labor and materials supplied in the performance of the work under the contract, promptly pay the person for such labor or materials. Demand for payment shall be served on the owner and a copy of each demand shall be sent to the contractor by certified mail, return receipt requested to any address at which the owner and contractor conduct business. If the owner fails to make such payment, the person shall have a direct right of action against the owner in the superior court for the judicial district in which the project is located. The owner's obligations for direct payments to the contractor, subcontractors or suppliers giving notice pursuant to this section shall be limited to the amount owed to the contractor by the owner for work performed under the contract at the date such notice is provided.
37	143
	144	+	Sec. 6. Subsection (a) of section 4a-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	145	+
	146	+	(a) All purchases of, and contracts for, supplies, materials, equipment and contractual services, except purchases and contracts made pursuant to the provisions of subsection (b) of this section and public utility services as provided in subsection (e) of this section shall be based, when possible, on competitive bids or competitive negotiation. The commissioner shall solicit competitive bids or proposals by providing notice of the planned purchase in a form and manner that the commissioner determines will maximize public participation in the competitive bidding or competitive negotiation process, including participation by small contractors, as defined in section 4a-60g, as amended by this act, and promote competition. In the case of an expenditure that is estimated to exceed fifty thousand dollars, such notice shall be posted, not less than five calendar days before the final date of submitting bids or proposals, on the State Contracting Portal. Each notice of a planned purchase under this subsection shall indicate the type of goods and services to be purchased and the estimated value of the contract award. The notice shall also contain a notice of state contract requirements concerning nondiscrimination and affirmative action pursuant to section 4a-60, as amended by this act, and, when applicable, requirements concerning the awarding of contracts to small contractors, minority business enterprises, women-owned business enterprises, individuals with a disability and nonprofit corporations pursuant to section 4a-60g, as amended by this act. Each bid and proposal shall be kept sealed or secured until opened publicly at the time stated in the notice soliciting such bid or proposal.
	147	+
	148	+	Sec. 7. Section 4a-60 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	149	+
	150	+	(a) Except as provided in section 10a-151i, every contract to which an awarding agency is a party, every quasi-public agency project contract and every municipal public works contract shall contain the following provisions:
	151	+
	152	+	(1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut; and the contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved;
	153	+
	154	+	(2) The contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an "affirmative action-equal opportunity employer" in accordance with regulations adopted by the Commission on Human Rights and Opportunities;
	155	+
	156	+	(3) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;
	157	+
	158	+	(4) The contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, as amended by this act, 46a-68e, 46a-68f and 46a-86; and
	159	+
	160	+	(5) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor as relate to the provisions of this section and section 46a-56, as amended by this act.
	161	+
	162	+	(b) If the contract is a public works contract, municipal public works contract or contract for a quasi-public agency project, the contractor agrees and warrants that he or she will make good faith efforts to employ minority business enterprises and women-owned business enterprises as subcontractors and suppliers of materials on such public works or quasi-public agency project.
	163	+
	164	+	(c) Except as provided in section 10a-151i:
	165	+
	166	+	(1) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at less than fifty thousand dollars for each year of the contract, shall provide the awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with a written or electronic representation that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section, provided if there is any change in such representation, the contractor shall provide the updated representation to the awarding agency or commission not later than thirty days after such change.
	167	+
	168	+	(2) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at fifty thousand dollars or more for any year of the contract, shall provide the awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with any one of the following:
	169	+
	170	+	(A) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section;
	171	+
	172	+	(B) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the awarding agency, or a designee, or in the case of a municipal public works or quasi-public agency project contract, the executive director of the Commission on Human Rights and Opportunities or a designee, certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section; or
	173	+
	174	+	(C) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.
	175	+
	176	+	(3) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor who has not provided the representation or documentation required under subdivisions (1) and (2) of this subsection, as applicable. After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation. If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (A) not later than thirty days after the effective date of such change, or (B) upon the execution of a new contract with the awarding agency, municipality or entity, as applicable, whichever is earlier. Such contractor shall also certify, in accordance with subparagraph (B) or (C) of subdivision (2) of this subsection, to the awarding agency or commission, as applicable, not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the awarding agency or commission, as applicable, is current and accurate.
	177	+
	178	+	(d) For the purposes of this section, "contract" includes any extension or modification of the contract, "contractor" includes any successors or assigns of the contractor, "marital status" means being single, married as recognized by the state of Connecticut, widowed, separated or divorced, and "mental disability" means 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 a record of or regarding a person as having one or more such disorders. For the purposes of this section, "contract" does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, as defined in section 1-267, (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in subdivision (1), (2), (3) or (4) of this subsection.
	179	+
	180	+	(e) For the purposes of this section, (1) "minority business enterprise" means any small contractor 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: [(1)] (A) Who are active in the daily affairs of the enterprise, [(2)] (B) who have the power to direct the management and policies of the enterprise, and [(3)] (C) who are members of a minority; [, as such term is defined in subsection (a) of section 32-9n;] and "good faith" means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. (2) "Good faith efforts" [shall include] includes, but is not [be] limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements. (3) "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. (4) "Women-owned business enterprise" means any small contractor of which fifty-one per cent or more of the capital stock, if any, or assets are owned, or in the case of a nonprofit corporation fifty-one per cent or more of the corporation is managed, by a person or persons who (A) exercise operational authority over the daily affairs of the enterprise, (B) have the power to direct the management and policies and receive the beneficial interest of the enterprise, (C) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, and (D) are women.
	181	+
	182	+	(f) Determination of the contractor's good faith efforts shall include, but shall not be limited to, the following factors: The contractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the Commission on Human Rights and Opportunities may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.
	183	+
	184	+	(g) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission on Human Rights and Opportunities, of its good faith efforts.
	185	+
	186	+	(h) The contractor shall include the provisions of subsections (a) and (b) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contract or contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer, unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section 46a-56, as amended by this act; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.
	187	+
	188	+	Sec. 8. Subdivision (5) of subsection (a) of section 4b-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	189	+
	190	+	(5) (A) The Commissioner of Administrative Services may select contractors to be on lists established for the purpose of providing contractor services for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or other public works project administered by the Department of Administrative Services involving an expense to the state of one million five hundred thousand dollars or less. The commissioner shall use the prequalification classifications established pursuant to section 4a-100 to determine the specific categories of services that contractors may perform after being selected in accordance with this subparagraph and subparagraph (B) of this subdivision and awarded a contract in accordance with subparagraph (C) of this subdivision. The commissioner may establish a separate list for projects involving an expense to the state of less than five hundred thousand dollars for the purpose of selecting and utilizing the services of small contractors, [and] minority business enterprises and women-owned business enterprises, as such terms are defined in section 4a-60g, as amended by this act.
	191	+
	192	+	(B) The commissioner shall invite contractors to submit qualifications for each specific category of services sought by the department by posting notice of such invitation on the State Contracting Portal. The notice shall be in the form determined by the commissioner, and shall set forth the information that a contractor is required to submit to be considered for selection. Upon receipt of the submittal from the contractor, the commissioner shall select, for each specified category, those contractors who (i) are determined to be the most responsible and qualified, as such terms are defined in section 4b-92, to perform the work required under the specified category, (ii) have demonstrated the skill, ability and integrity to fulfill contract obligations considering their past performance, financial responsibility and experience with projects of the size, scope and complexity required by the state under the specified category, and (iii) for projects with a cost exceeding five hundred thousand dollars, have the ability to obtain the requisite bonding. The commissioner shall establish the duration that each list remains in effect, which in no event may exceed three years.
	193	+
	194	+	(C) For any public building or public works project involving an expense to the state of one million five hundred thousand dollars or less, the commissioner shall invite bids from only those contractors selected pursuant to subparagraphs (A) and (B) of this subdivision for the specific category of services required for the particular project. The commissioner shall determine the form of bid invitation, the manner of, and time for, submission of bids, and the conditions and requirements of such bids. The contract shall be awarded to the lowest responsible and qualified bidder, subject to the provisions of sections 4b-92 and 4b-94. In the event that fewer than three bids are received in response to an invitation to bid under this subdivision, or that all the bids are in excess of the amount of available funds for the project, the commissioner may negotiate a contract with any of the contractors submitting a bid, or reject the bids received and rebid the project in accordance with this section.
	195	+
	196	+	Sec. 9. Subsection (b) of section 4b-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	197	+
	198	+	(b) Every general bid submitted for a contract subject to this chapter shall be submitted on a form furnished by the awarding authority. The form provided by the awarding authority shall provide a place for listing the names and prices of subcontractors for the four classes of work specified in subsection (a) of section 4b-93, and for each other class of work included by the awarding authority pursuant to said subsection and state that: (1) The undersigned agrees that if selected as general contractor, he shall, within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of the general bid; (2) the undersigned agrees and warrants that he has made good faith efforts to employ minority business enterprises and women-owned business enterprises as subcontractors and suppliers of materials under such contract and shall provide the Commission on Human Rights and Opportunities with such information as is requested by the commission concerning his employment practices and procedures as they relate to the provisions of the general statutes governing contract requirements; and (3) the undersigned agrees that each of the subcontractors listed on the bid form will be used for the work indicated at the amount stated, unless a substitution is permitted by the awarding authority. The awarding authority may require in the bid form that the general contractor agree to perform a stated, minimum percentage of work with his own forces.
	199	+
	200	+	Sec. 10. Subdivision (11) of section 4e-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	201	+
	202	+	(11) "Contractor" means any business that is awarded, or is a subcontractor under, a contract or an amendment to a contract with a state contracting agency under statutes and regulations concerning procurement, including, but not limited to, a small contractor, a minority business enterprise, a women-owned business enterprise, an individual with a disability, as defined in section 4a-60, or an organization providing products and services by persons with disabilities;
	203	+
	204	+	Sec. 11. Subsection (b) of section 4e-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	205	+
	206	+	(b) Each member shall have demonstrated sufficient knowledge by education, training or experience in one or more of the following enumerated areas: (1) Procurement; (2) contract negotiation, selection and drafting; (3) contract risk assessment; (4) competitive bidding and proposal procedures; (5) real estate transactions, including the purchase, sale and lease of real estate and buildings; (6) building construction and architecture; (7) business insurance and bonding; (8) ethics in public contracting; (9) federal and state statutes, procurement policies and regulations; (10) outsourcing and privatization analysis; (11) small, [and] minority business enterprise and women-owned business enterprise development; (12) engineering and information technologies; (13) human services; and (14) personnel and labor relations, provided such education, training or experience was acquired over not less than a continuous five-year period within the ten-year period preceding such appointment.
	207	+
	208	+	Sec. 12. Subsection (a) of section 4e-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	209	+
	210	+	(a) There shall be a Vendor and Citizen Advisory Panel comprised of fifteen members appointed as follows: Three members by the Governor, two members by each of the following: The speaker of the House of Representatives, the majority and minority leaders of the House of Representatives, the president pro tempore of the Senate and the majority and minority leaders of the Senate. No more than six vendors with state procurement experience shall be on the panel and the remaining members shall have demonstrated sufficient knowledge by education, training or experience in one or more of the following areas: (1) Government procurement; (2) contract negotiation, drafting and management; (3) contract risk assessment; (4) preparing requests for proposals, invitations to bid and other procurement solicitations; (5) evaluating proposals, bids and quotations; (6) real property transactions; (7) business insurance and bonding; (8) the state code of ethics; (9) federal and state statutes, policies and regulations; (10) outsourcing and privatization proposal analysis; (11) governmental taxation and finance; (12) small, [and] minority business enterprise and women-owned business enterprise development; (13) collective bargaining; and (14) human services, provided such education, training or experience shall have been acquired over not less than a continuous five-year period and within the ten-year period preceding such appointment. The chairperson of the panel shall be the Chief Procurement Officer, who shall be an ex-officio member.
	211	+
	212	+	Sec. 13. Subsection (b) of section 4e-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	213	+
	214	+	(b) The procurement codes described in subsection (a) of this section shall be designed to: (1) Establish uniform contracting standards and practices; (2) simplify and clarify contracting standards and procurement policies and practices, including, but not limited to, procedures for competitive sealed bids, competitive sealed proposals, small purchases, sole source procurements, emergency procurements and special procurements; (3) ensure the fair and equitable treatment of all businesses and persons who deal with the procurement system; (4) include a process to maximize the use of small contractors, [and] minority business enterprises and women-owned business enterprises; (5) provide increased economy in procurement activities and maximize purchasing value to the fullest extent possible; (6) ensure that the procurement of supplies, materials, equipment, services, real property and construction is obtained in a cost-effective and responsive manner; (7) include a process to ensure contractor and judicial branch or legislative branch accountability; and (8) provide a process for competitive sealed bids, competitive sealed proposals, small purchases, sole source procurements, emergency procurements, special procurements, best value selection, qualification based selection and the conditions for their use.
	215	+
	216	+	Sec. 14. Section 13a-95a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	217	+
	218	+	The Commissioner of Transportation may, in the performance of his duties under this title and title 13b and notwithstanding the provisions of any general statute to the contrary, award contracts in a total amount not in excess of fifteen million dollars and not in excess of five million dollars per firm for any fiscal year, bidding for which shall be limited to (1) "small business concerns owned and controlled by socially and economically disadvantaged individuals" as defined in the federal Small Business Act, 94 Stat. 2321 (1980) 15 USC 637, and (2) minority business enterprises and women-owned business enterprises, as defined in section 4a-60g, as amended by this act. The commissioner may expend an amount not in excess of three hundred thousand dollars in any fiscal year for the purpose of assisting such concerns in bidding on such contracts. Such assistance shall include, but not be limited to, advice concerning bonding, legal requirements of proper bidding, bid documents, accounting requirements and other matters that will enable such concerns to file a proper bid.
	219	+
	220	+	Sec. 15. Subsection (b) of section 32-7h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	221	+
	222	+	(b) Except as provided in subsection (g) of section 32-7g, the Commissioner of Economic and Community Development may provide for the payment of any administrative expenses or other costs incurred by the department or its lender partners in carrying out the purposes of the Small Business Express program not to exceed five per cent of funding from this program from the account established pursuant to subsection (a) of this section, provided one per cent shall be dedicated to develop capacity for capital construction projects for minority business enterprises and women-owned business enterprises.
	223	+
	224	+	Sec. 16. Section 32-9qq of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	225	+
	226	+	(a) It is hereby found and declared as a matter of legislative determination that there is a continuing need in the state for stimulation and encouragement of economic growth and development within the state through the establishment of business outreach centers located in certain regions of the state or for certain industry sectors to assist in providing services to small businesses and minority business enterprises and women-owned business enterprises, as defined in section 4a-60g, as amended by this act, in the areas of business plan development, financial projection and planning, loan packaging, business counseling and related follow-up services, including the monitoring of any of the foregoing.
	227	+
	228	+	(b) The business outreach center challenge grant program is hereby created. In order to stimulate and encourage economic growth and development, the state, acting through the Department of Economic and Community Development, may make grants for the establishment of business outreach centers located in certain regions of the state or for certain industry sectors to assist in providing services to small businesses, [and] minority business enterprises and women-owned business enterprises. Such grants shall be made under such terms and conditions as the department deems appropriate and shall be payable from the proceeds of the sale of bonds authorized under subsection (f) of this section and funds received by the department from any other source, in accordance with the following provisions:
	229	+
	230	+	(1) A business outreach center shall be any nonprofit or governmental entity providing or able to provide assistance to small businesses, [and] minority business enterprises and women-owned business enterprises in the areas of business plan development, financial projection, loan package planning, including loan packaging for small businesses, [and] minority business enterprises and women-owned business enterprises which are seeking financial assistance from Connecticut Innovations, Incorporated, business counseling and related monitoring and follow-up services.
	231	+
	232	+	(2) The department may require any entity receiving a grant pursuant to this section to obtain a matching grant in such amount as the department determines in its discretion. Such matching grant may include cash and in-kind contributions.
	233	+
	234	+	(c) Grants may be made under this section to municipalities and other organizations for the purpose of providing funds to develop greenways, including, but not limited to, transportation-related greenways supported by the federal Transportation Equity Act for the 21st Century, as amended from time to time. The amount of any grant shall be as follows: (1) For transportation greenways projects that are part of interstate greenways, not more than twenty per cent of the project cost; (2) for transportation greenways projects that are local spurs from interstate greenways or that are intertown greenways projects, not more than ten per cent of the project cost; and (3) for greenways that are not transportation greenways, not more than half of the capital costs of the project.
	235	+
	236	+	(d) Applications for grants under this section shall be submitted on forms provided by the department. When reviewing applications, the department shall consider such factors as the impact on certain regions of the state or certain industry sectors, the applicant's plan for outreach efforts designed to inform small businesses, [and] minority business enterprises and women-owned business enterprises of available sources of financial and technical assistance and the commitment and capacity of the applicant to provide assistance to small businesses, [and] minority business enterprises and women-owned business enterprises under this section.
	237	+
	238	+	(e) Each grant made under this section shall be authorized pursuant to regulations adopted by the Department of Economic and Community Development in accordance with the provisions of chapter 54, which regulations may include, but shall not be limited to, provisions concerning application requirements, grant amounts and eligible use of funds, provided the amount of any grant under subsection (b) of this section shall be not more than the amount specified in said subsection.
	239	+
	240	+	(f) For the purposes of this section, the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate two million five hundred thousand dollars. The proceeds of the sale of said bonds shall be used by the Department of Economic and Community Development for grants under the business outreach center challenge grant program created under this section. All provisions of section 3-20 or the exercise of any right or power granted thereby which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Said bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of such bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission in its discretion may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due. Net earnings on investments or reinvestments of proceeds, accrued interest and premiums on the issuance of such bonds, after payment therefrom of expenses incurred by the Treasurer or State Bond Commission in connection with their issuance, shall become part of the business outreach center challenge grant program.
	241	+
	242	+	Sec. 17. Section 32-23o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	243	+
	244	+	(a) A Small Contractors' Revolving Loan Fund is created. In order to stimulate and encourage the growth and development of the state economy through the private enterprise of small contractors, the state, acting by the Department of Economic and Community Development, may provide working capital loans or provide lines of credit to small contractors from the Small Contractors' Revolving Loan Fund. For the purposes of this section, "small contractor" means contractors, subcontractors, minority business enterprises, women-owned business enterprises, manufacturers or service companies who have been doing business and have maintained their principal office and place of business in the state for a period of at least one year prior to the date of their application for assistance under this section, whose gross revenues in their most recently completed fiscal year did not exceed one million five hundred thousand dollars and which are considered small in accordance with such size standards as shall be established by regulations adopted by the department. In establishing such standards, the department shall consider the number of employees of the concern, provided any maximum number of employees which a small contractor may have under such definition shall vary from business to business to the extent necessary to reflect different characteristics of such business and to take proper account of other relevant factors. Not less than [twenty-five] twelve and one-half per cent of the working capital loans and lines of credit provided under this section shall be made available to minority business enterprises and not less than twelve and one-half per cent of such loans and lines of credit shall be made available to women-owned business enterprises. The department shall charge and collect interest on each such working capital loan or line of credit at a rate to be determined in accordance with subsection (t) of section 3-20. In no event shall the total amount of such working capital loans or lines of credit provided to any single small contractor in any period of twelve consecutive months exceed two hundred thousand dollars. Payments made by small contractors on all working capital loans and lines of credit paid to the Treasurer for deposit in the Small Contractors' Revolving Loan Fund shall be transferred to the Connecticut Growth Fund established under section 32-23v. The department shall [promulgate rules and] adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this section. Such [rules and] regulations shall establish size standards for different types of small contractors, loan procedures, repayment terms, security requirements, default and remedy provisions and such other terms and conditions as the department shall deem appropriate.
	245	+
	246	+	(b) Each such loan or extension of credit shall be authorized by Connecticut Innovations, Incorporated or, if the corporation so determines, by a committee of the corporation consisting of the chairman and either one other member of the corporation or its chief executive officer, as specified in the determination of the corporation. Any administrative expenses incurred in carrying out the provisions of this section, to the extent not paid by the corporation or from moneys appropriated to the department, shall be paid from the Small Contractors' Revolving Loan Fund. Payments from the Small Contractors' Revolving Loan Fund to small contractors or to pay such administrative expenses shall be made by the Treasurer upon certification by the Commissioner of Economic and Community Development that the payment is authorized under the provisions of this section, under the applicable [rules and] regulations of the department, and, if made to a small contractor, under the terms and conditions established by the corporation or the duly appointed committee thereof in authorizing the making of the loan or the extension of credit.
	247	+
	248	+	(c) The State Bond Commission may authorize the issuance of bonds of the state in one or more series in accordance with section 3-20 and in a principal amount necessary to carry out the purposes of this section, but not in excess of an aggregate amount of one million five hundred thousand dollars, provided said commission may not authorize the issuance of any bonds under the provisions of this section in excess of one million five hundred thousand dollars on or after June 2, 1986. All of said bonds shall be payable at such place or places as may be determined by the Treasurer pursuant to section 3-19 and shall bear such date or dates, mature at such time or times, not exceeding five years from their respective dates, bear interest at such rate or different or varying rates and payable at such time or times, be in such denominations, be in such form with or without interest coupons attached, carry such registration and transfer privileges, be payable in such medium of payment and be subject to such terms of redemption with or without premium as, irrespective of the provisions of said section 3-20, may be provided by the authorization of the State Bond Commission or fixed in accordance therewith. The proceeds of the sale of such bonds, together with premium and interest on sale, if any, shall be deposited in the Small Contractors' Revolving Loan Fund created by this section. Such bonds shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due. Accordingly, and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due. Net earnings on investments or reinvestments of proceeds, accrued interest and premiums on the issuance of such bonds, after payment therefrom of expenses incurred by the Treasurer or State Bond Commission in connection with their issuance, shall become part of the Small Contractors' Revolving Loan Fund.
	249	+
	250	+	Sec. 18. Subsections (a) to (c), inclusive, of section 32-23x of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	251	+
	252	+	(a) As used in this section:
	253	+
	254	+	(1) "Affiliate" means a business concern which directly controls or is controlled by another business concern, or a third party which controls both business concerns;
	255	+
	256	+	(2) "Corporation" means Connecticut Innovations, Incorporated established under section 32-35 or its successor;
	257	+
	258	+	(3) "Department" means the Department of Economic and Community Development or its successor agency;
	259	+
	260	+	(4) "Enterprise zone" has the same meaning as provided in section 32-70;
	261	+
	262	+	(5) "Impacted business" means any person impacted by (A) a disaster caused by natural forces including, but not limited to, floods or hurricanes, or (B) an economic emergency including, but not limited to, an existing or threatened major plant shutdown, business disruption from a major road or bridge repair project or other existing or potential economic emergency, provided such disaster or emergency described in subparagraph (A) or (B) of this subdivision is proclaimed as such by declaration of the Commissioner of Economic and Community Development, with the consent of the Secretary of the Office of Policy and Management, upon a determination by the Commissioner of Economic and Community Development that such disaster or emergency is of a magnitude that could materially affect the health or well-being of the citizens of the impacted area and that the financial assistance provided for under this section is necessary to assure timely and effective relief and restoration;
	263	+
	264	+	(6) "Loans" means loans and extensions of lines of credit;
	265	+
	266	+	(7) "Minority business enterprise" means any person who meets the criteria contained in section 4a-60g, as amended by this act, and who is receiving a state contract award;
	267	+
	268	+	(8) "Women-owned business enterprise" means any person who meets the criteria established in section 4a-60g, as amended by this act, and who is receiving a state contract award;
	269	+
	270	+	[(8)] (9) "Person" means any person or entity, including affiliates, engaged in a for-profit activity or activities in this state and who, except for an impacted business, is not an eligible borrower for assistance under the provisions of the Connecticut Growth Fund established under section 32-23v;
	271	+
	272	+	[(9)] (10) "Rate of interest" means the interest rate which the corporation shall charge and collect on each loan made by the state under this section, which rate shall not exceed one per cent above the interest rate borne by the general obligation bonds of the state last issued prior to the date such loan is made, provided, such rate shall not exceed the maximum allowable under federal law;
	273	+
	274	+	[(10)] (11) "Small contractor" means any person who is a contractor, subcontractor, manufacturer or service company who has been in business for at least one year prior to the date of its application for assistance under this section and whose gross revenues, including revenues of affiliates, did not exceed three million dollars in its most recently completed fiscal year prior to the date of its application for assistance under this section;
	275	+
	276	+	[(11)] (12) "State or local development corporation" means any entity organized under the laws of this state which has the authority to promote and assist the growth and development of business concerns in the areas covered by their operations;
	277	+
	278	+	[(12)] (13) "Targeted business" means a person located in an enterprise zone whose gross revenues did not exceed three million dollars in its most recently completed fiscal year prior to the date of its application for assistance under this section, or if such person has not been in business for at least one year prior to the date of such application, if the corporation determines in its discretion that such person's gross revenues, including revenues of affiliates, are not likely to exceed three million dollars in its first fiscal year;
	279	+
	280	+	[(13)] (14) "Water facilities" means (A) investor-owned water companies which supply water to at least twenty-five but less than ten thousand customers, (B) municipally-owned water companies, and (C) owners of privately and municipally-owned dams which the Commissioner of Energy and Environmental Protection has determined benefit the public.
	281	+
	282	+	(b) In order to stimulate and encourage the growth and development of the state economy, the Comprehensive Business Assistance Fund is hereby created to provide financial assistance to targeted businesses, businesses impacted by economic emergencies and natural disasters, businesses located in certain regions of the state and certain industry sectors, including businesses located in entertainment districts designated under section 32-76 or established under section 2 of public act 93-311, and to assist in the development of clean water facilities. The state, acting through the corporation, may make, or participate with private sector financial institutions in making, loans from said fund to persons in accordance with the provisions of this section. Payments of principal and interest on such loans, and funds received by the corporation from any other source for the purposes of the Comprehensive Business Assistance Fund, shall be deposited into said fund and shall be used to make additional loans and for such other purposes authorized by this section.
	283	+
	284	+	(c) The state, acting through the corporation, may make, or participate with private sector financial institutions in making, loans from the Comprehensive Business Assistance Fund to any person who in the discretion of the corporation, demonstrates financial need by either its inability to obtain conventional financial assistance in satisfactory amounts or on satisfactory terms in accordance with the following provisions:
	285	+
	286	+	(1) The corporation may make loans at the rate of interest to small contractors, [and] minority business enterprises and women-owned business enterprises for the purpose of financing labor and material costs only. The aggregate outstanding amount of any loans made under this subdivision to any one person, including affiliates, shall not exceed two hundred fifty thousand dollars. The maximum term for repayment of any loan made under this subdivision shall not exceed one year.
	287	+
	288	+	(2) The corporation may make loans at the rate of interest to targeted businesses. The aggregate outstanding amount of any loans made under this subdivision to any one person, including affiliates, shall not exceed three hundred thousand dollars. The maximum term for repayment of any loan made under this subdivision shall not exceed (A) twenty years for real property; (B) ten years for machinery and equipment; and (C) seven years for working capital. For the purposes of this subdivision and subdivision (3) of this subsection, working capital may include, but shall not be limited to, capital for expansion or restructuring of a business.
	289	+
	290	+	(3) The corporation may make loans at the rate of interest to impacted businesses. The aggregate outstanding amount of any loans made under this subdivision to any one person, including affiliates, shall not exceed five hundred thousand dollars, except the corporation, with the consent of the Secretary of the Office of Policy and Management, may increase the maximum loan amount under this subdivision to one million dollars if the corporation in its discretion determines that the particular needs and conditions of such impacted business warrant such increase. The maximum term for repayment of any loan made under this subdivision shall not exceed (A) twenty years for real property; (B) ten years for machinery and equipment; and (C) seven years for working capital.
	291	+
	292	+	(4) The corporation may make loans at the rate of interest to water facilities. Such loans shall be used for the planning, design, modification or construction of drinking water facilities made necessary by the requirements of the Safe Water Act of 1974 or by an order of the Department of Public Health, which drinking water facilities shall include, but shall not be limited to, collection facilities, treatment facilities, wells, tanks, mains, pumps, transmission facilities and any other machinery and equipment necessary to meet the requirements of said act. Such loans shall also be used for the repair of dams subject to the jurisdiction of the Department of Energy and Environmental Protection under chapter 446j. For the purposes of this subdivision, repair costs include, but shall not be limited to, fees and expenses of architects, engineers, attorneys, accountants and other professional consultants, and costs of preparing surveys, studies, site plans and specifications for such repair. The aggregate outstanding amount of any loans made under this subdivision to any water facility, including affiliates, shall not exceed two hundred fifty thousand dollars. The maximum term for repayment of any loan made under this subdivision shall not exceed (A) twenty years for real property; and (B) ten years for machinery and equipment.
	293	+
	294	+	(5) The corporation may make loans at zero per cent interest to municipal economic development commissions established under section 7-136 or business outreach centers described in section 32-9qq, as amended by this act, that establish or participate in loan pools that lend funds to (A) persons or groups of persons who complete entrepreneurial training programs funded or approved by the Commissioner of Economic and Community Development, or (B) business support groups. As used in this subdivision, "business support group" means a group of five or more persons, firms or corporations which plans to start or expand separate businesses, has community or other ties demonstrating a common mission or purpose, agrees to undergo an entrepreneurial training program funded or approved by the commissioner, and each member of which agrees to provide business support to other members of the group. The aggregate outstanding amount of any loans made under this subdivision to any one person, group of persons or business support group shall not exceed twenty-five thousand dollars. The maximum term for repayment of any loan made under this subdivision shall not exceed ten years.
	295	+
	296	+	(6) The corporation shall make loans at the rate of interest to entertainment or entertainment support service businesses located in the municipality with the pilot entertainment district established pursuant to section 2 of public act 93-311, and on and after July 1, 1995, may make loans at the rate of interest to entertainment or entertainment support service businesses located in municipalities with entertainment districts designated under section 32-76.
	297	+
	298	+	Sec. 19. Section 32-47a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	299	+
	300	+	Not later than January first in each year, Connecticut Innovations, Incorporated shall submit a business plan containing a summary of its projected operations for the year to the joint standing committees of the General Assembly having cognizance of matters relating to the Department of Economic and Community Development, appropriations and capital bonding. Not later than November first, annually, the corporation shall submit a report to the Commissioner of Economic and Community Development, the Auditors of Public Accounts and said joint standing committees, which shall include the following information with respect to new and outstanding financial assistance provided by the corporation during the twelve-month period ending on June thirtieth next preceding the date of the report for each financial assistance program administered by the corporation: (1) A list of the names, addresses and locations of all recipients of such assistance, (2) for each such recipient: (A) The business activities, (B) the Standard Industrial Classification Manual codes, (C) the gross revenues during the recipient's most recent fiscal year, if the recipient is an organization that makes such information public in the normal course of business, or, if the recipient does not make such information public in the normal course of business, the gross revenue information shall be provided for a recipient separately, using a system in which no recipient is listed by name but each is given a separate identity in a manner consistent with the provisions of subsection (c) of section 32-40, (D) the number of employees at the time of application, (E) whether the recipient is a minority or [woman-owned] women-owned business enterprise, (F) a summary of the terms and conditions for the assistance, including the type and amount of state financial assistance, job creation or retention requirements, and anticipated wage rates, and (G) the amount of investments from private and other nonstate sources that have been leveraged by the assistance, (3) the economic benefit criteria used in determining which applications have been approved or disapproved, and (4) for each recipient of assistance on or after July 1, 1991, a comparison between the number of jobs to be created, the number of jobs to be retained and the average wage rates for each such category of jobs, as projected in the recipient's application, versus the actual number of jobs created, the actual number of jobs retained and the average wage rates for each such category. The Governor and the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and commerce may, after a request to Connecticut Innovations, Incorporated by any of said persons, examine, in confidence, the detailed data, including the specific revenue data for each identifiable business, submitted pursuant to subparagraph (C) of subdivision (2) of this section. The chairpersons and ranking members of said committees may disclose such data to the members of said committees, who shall also keep such data confidential. The report shall also indicate the actual number of full-time jobs and the actual number of part-time jobs in each such category and the benefit levels for each such subcategory. The November first report shall include a summary of the activities of the corporation, including all activities to assist small businesses, [and] minority business enterprises and women-owned business enterprises, as defined in section 4a-60g, as amended by this act, a complete operating and financial statement and recommendations for legislation to promote the purposes of the corporation. The corporation shall furnish such additional information upon the written request of any such committee at such times as the committee may request.
	301	+
	302	+	Sec. 20. Subdivision (2) of section 32-353 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	303	+
	304	+	(2) "Minority-owned business" means any business (A) that is a minority business enterprise or women-owned business enterprise, as defined in section 4a-60g, as amended by this act, and (B) that is a small business having fifty or fewer employees; and
	305	+
	306	+	Sec. 21. Subsection (e) of section 32-602 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	307	+
	308	+	(e) The authority shall have the power to negotiate, and, with the approval of the Secretary of the Office of Policy and Management, to enter into an agreement with any private developer, owner or lessee of any building or improvement located on land in a private development district, as defined in section 32-600, providing for payments to the authority in lieu of real property taxes. Such an agreement shall be made a condition of any private right of development within the private development district, and shall include a requirement that such private developer, owner or lessee make good-faith efforts to hire, or cause to be hired, available and qualified minority business enterprises and women-owned business enterprises, as defined in section 4a-60g, as amended by this act, to provide construction services and materials for improvements to be constructed within the private development district in an effort to achieve a minority business enterprise and women-owned business enterprise utilization goal of ten per cent of the total costs of construction services and materials for such improvements. Such payments to the authority in lieu of real property taxes shall have the same lien and priority, and may be enforced by the authority in the same manner, as provided for municipal real property taxes. Such payments as received by the authority shall be used to carry out the purposes of the authority set forth in subsection (a) of this section.
	309	+
	310	+	Sec. 22. Subsection (d) of section 32-605 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	311	+
	312	+	(d) The authority shall designate a contract compliance officer from the staff of the authority to monitor compliance of the operations of facilities under the management or control of the authority, the convention center, convention center hotel and related parking facilities of the center and the hotel, with the provisions of state law applicable to such operations, including, but not limited to, this section and sections 32-650 to 32-668, inclusive, and with applicable requirements of contracts entered into by the authority, relating to set-asides for small contractors, [and] minority business enterprises and women-owned business enterprises and required efforts to hire available and qualified members of minorities, as defined in section 32-9n, and available and qualified residents of the city of Hartford for jobs in such operations. Such officer shall file, each year during the period of facility operations, a written report with the authority as to findings and recommendations regarding such compliance.
	313	+
	314	+	Sec. 23. Subsection (c) of section 32-655 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	315	+
	316	+	(c) The secretary shall designate a stadium facility operations contract compliance officer from the Office of Policy and Management to monitor compliance of the stadium facility operations with the provisions of state law applicable to such operations, including, but not limited to, subsection (e) of section 32-605 and sections 32-650 to 32-668, inclusive, and with applicable requirements of contracts entered into by the secretary, relating to set-asides for small contractors, [and] minority business enterprises and women-owned business enterprises and required efforts to hire available and qualified members of minorities, as defined in section 32-9n, and available and qualified residents of the town of East Hartford and the city of Hartford for jobs in such operations. Such officer shall file, each year during the period of stadium facility operations, a written report with the secretary as to findings and recommendations regarding such compliance.
	317	+
	318	+	Sec. 24. Subsection (i) of section 32-656 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	319	+
	320	+	(i) The secretary and the authority shall jointly select and appoint an independent construction contract compliance officer or agent, which may be an officer or agency of a political subdivision of the state, other than the authority, or a private consultant experienced in similar public contract compliance matters, to monitor compliance by the secretary, the authority, the project manager and each prime construction contractor with the provisions of applicable state law, including subdivision (1) of section 12-412, subsection (a) of section 12-498, sections 12-541 and 13a-25, subdivision (1) of section 22a-134, section 32-600, subsection (d) of section 32-602, subsection (d) of section 32-605, as amended by this act, section 32-610, subsections (a) and (b) of section 32-614, sections 32-617, 32-617a, 32-650, 32-651 to 32-658, inclusive, 32-660 and 32-661, subsection (b) of section 32-662, section 32-663, subsections (j) to (l), inclusive, of section 32-664, sections 32-665 to 32-666a, inclusive, sections 32-668 and 48-21 and sections 29 and 30 of public act 00-140, and with applicable requirements of contracts with the secretary or the authority, relating to set-asides for small contractors, [and] minority business enterprises and women-owned business enterprises and required efforts to hire available and qualified members of minorities and available and qualified residents of the city of Hartford and the town of East Hartford for construction jobs with respect to the overall project and the on-site related private development. Such independent contract compliance officer or agent shall file a written report of his or her findings and recommendations with the secretary and the authority each quarter during the period of project development.
	321	+
	322	+	Sec. 25. Subsection (b) of section 32-669 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	323	+
	324	+	(b) Such report shall be separated into a section on the Adriaen's Landing project and a section on The University of Connecticut football stadium project and shall contain the following information: (1) A detailed estimated budget for the overall project; (2) the current timeline for the entire project, with significant milestone events, from inception to projected completion date; (3) for each project component, including, but not limited to, the science center, (A) a description of the component, (B) its current budget in detail, comparing it to the budget presented to the General Assembly prior to May 2, 2000, (C) projected completion date, (D) any change made in the course of planning and execution over the prior calendar year and reasons for such change, and (E) status at the end of such calendar year; (4) problems encountered in the prior calendar year and potential problems in the future; (5) status of the project's compliance with the provisions of section 32-605, as amended by this act, including, but not limited to, (A) a description of each contract entered into during the prior calendar year, (B) whether any contractor is a [woman-owned] women-owned business enterprise, a minority business enterprise or a small [business enterprise] contractor, as those terms are defined in section 4a-60g, as amended by this act, (C) the value of such contract, (D) any subcontractors under such contract, the value of the subcontract and whether any subcontractor is a [woman-owned] women-owned business enterprise, a minority business enterprise or a small [business enterprise] contractor, as those terms are defined in section 4a-60g, as amended by this act, (E) the number of jobs associated with such contract, including the number of jobs held by residents of Hartford and East Hartford and the number of jobs held by women and minorities, and (F) any steps being taken for affirmative action and corrective measures for any deficiencies; (6) a detailed projected annual operating budget for each facility, including information regarding how much funding the state will be required to provide and how much the municipality will be required to provide; (7) a timeline showing when operating expenses may be incurred prior to the project's completion, including how much of such expenses will be provided by the state in each year and how much will be provided by the host municipality; (8) current estimates for funding from all state and private sources for each component of the project for each fiscal year in which the funding is made available; (9) a summary of the total funding for the project from each of the following sources: (A) General obligation bonds, (B) funding from the General Fund operating surplus, (C) revenue bonds issued by the Capital Region Development Authority, with the associated General Fund costs, including, but not limited to, General Fund debt service reimbursement for the parking garage and utility plant, (D) tax exemptions or credits granted to any part of the project, (E) payments in lieu of taxes made to any municipality for any component of the project, (F) the operating subsidy for the convention center and the science center, (G) private investments, and (H) any other sources; and (10) detailed financial information regarding the income and expenses of any public entities operating at Adriaen's Landing.
	325	+
	326	+	Sec. 26. Section 46a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	327	+
	328	+	(a) The commission shall:
	329	+
	330	+	(1) Investigate the possibilities of affording equal opportunity of profitable employment to all persons, with particular reference to job training and placement;
	331	+
	332	+	(2) Compile facts concerning discrimination in employment, violations of civil liberties and other related matters;
	333	+
	334	+	(3) Investigate and proceed in all cases of discriminatory practices as provided in this chapter and noncompliance with the provisions of section 4a-60, as amended by this act, or 4a-60a or sections 46a-68c to 46a-68f, inclusive;
	335	+
	336	+	(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;
	337	+
	338	+	(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
	339	+
	340	+	(6) Compile data concerning state contracts with [female] women-owned and minority business enterprises and submit a report annually to the General Assembly concerning the employment of such business enterprises as contractors and subcontractors.
	341	+
	342	+	(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, as amended by this act, 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, as amended by this act, 4a-60a, 4a-60g, as amended by this act, 4a-62 and 46a-68b to 46a-68k, inclusive.
	343	+
	344	+	(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, as amended by this act, or 4a-60a or sections 46a-68c to 46a-68f, inclusive, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a human rights referee appointed by the chief referee 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, as amended by this act, or 4a-60a or sections 46a-68c to 46a-68f, inclusive, the presiding officer shall order such relief as is necessary to achieve full compliance with any antidiscrimination statute and required contract provisions. The presiding officer may: (1) (A) In the case of a state contract, order the state to retain two per cent of the total contract price per month on any existing contract with such contractor that the state withheld pursuant to section 46a-68d and transfer the funds to the State Treasurer for deposit in the special fund described in subsection (e) of this section, or (B) in the case of a municipal public works or quasi-public agency contract, order the municipality or entity 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 or any further municipal public works contracts or quasi-public agency project contracts, as applicable 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 not later than forty-five days after 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 violation or the threat of substantial violation of section 4a-60, as amended by this act, or 4a-60a, appropriate proceedings should be brought to enforce such provisions, including the enjoining of organizations, individuals or groups that prevent, or seek to prevent, compliance with section 4a-60, as amended by this act, 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 or related laws when necessary; (6) recommend to the appropriate prosecuting authority that criminal proceedings be brought for the furnishing of false information to any awarding agency or to the commission; (7) order the contractor to bring itself into compliance with antidiscrimination statutes or contract provisions required under section 4a-60, as amended by this act, or 4a-60a or sections 46a-68c to 46a-68f, inclusive, not later than a period of thirty days after the issuance of such order 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 there is a pattern of noncompliance, recommend to the awarding agency that such agency declare the contractor to be in breach of the contract and that such agency pursue all available remedies or, in the case of a municipal public works or quasi-public agency project contract, recommend the municipality or entity to make such a declaration and pursue all available remedies; (8) order the awarding agency or, in the case of a municipal public works or quasi-public agency project contract, the municipality or entity, 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 section 4a-60, as amended by this act, or 4a-60a and sections 46a-68c to 46a-68f, inclusive; or (9) order two or more remedies or other relief designed to achieve full compliance with antidiscrimination statutes and required contract provisions. The commission shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
	345	+
	346	+	(d) If the commission determines, through its monitoring and compliance procedures, that, with respect to a state contract, municipal public works contract or quasi-public agency project contract, a contractor, subcontractor, service provider or supplier of materials has (1) fraudulently qualified as a minority business enterprise or women-owned business enterprise, or (2) performed services or supplied materials on behalf of another contractor, subcontractor, service provider or supplier of materials knowing (A) that such other contractor, subcontractor, service provider or supplier has fraudulently qualified as a minority business enterprise or women-owned business enterprise in order to appear to comply with antidiscrimination statutes or contract provisions required under section 4a-60, as amended by this act, 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, 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 referee assigned by the chief referee 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 that a contractor, subcontractor, service provider or supplier of materials has violated this subsection, the presiding officer shall assess a civil penalty of not more than ten thousand dollars upon such contractor, subcontractor, service provider or supplier of materials.
	347	+
	348	+	(e) 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 any penalty assessed pursuant to subsection (d) of this section. 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 and women-owned business enterprises. As used in this section, (1) "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: [(1)] (A) Who are active in the daily affairs of the enterprise; [(2)] (B) who have the power to direct the management and policies of the enterprise; and [(3)] (C) who are members of a minority; [, as defined in subsection (a) of section 32-9n] (2) "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; and (3) "women-owned 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: (A) Who are active in the daily affairs of the enterprise; (B) who have the power to direct the management and policies of the enterprise; and (C) who are women.
	349	+
	350	+	Sec. 27. Subdivision (3) of section 22a-263a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	351	+
	352	+	(3) Each report required under section 4a-60g, as amended by this act, setting forth small, women-owned and minority-business enterprise set-aside program goals and addressing the authority's progress in meeting said goals, not later than seven days after each such report is required to be submitted to the Commission on Human Rights and Opportunities under [said] section 4a-60g, as amended by this act;
	353	+
38	354
39	355
40	356
41	357		This act shall take effect as follows and shall amend the following sections:
42		-	Section 1 October 1, 2018 4a-60j
43		-	Sec. 2 October 1, 2018 42-158j
	358	+	Section 1 October 1, 2018 4a-60g
	359	+	Sec. 2 October 1, 2018 4a-60h(d) and (e)
	360	+	Sec. 3 October 1, 2018 4a-60j
	361	+	Sec. 4 October 1, 2018 4a-61
	362	+	Sec. 5 October 1, 2018 42-158j
	363	+	Sec. 6 October 1, 2018 4a-57(a)
	364	+	Sec. 7 October 1, 2018 4a-60
	365	+	Sec. 8 October 1, 2018 4b-91(a)(5)
	366	+	Sec. 9 October 1, 2018 4b-95(b)
	367	+	Sec. 10 October 1, 2018 4e-1(11)
	368	+	Sec. 11 October 1, 2018 4e-2(b)
	369	+	Sec. 12 October 1, 2018 4e-9(a)
	370	+	Sec. 13 October 1, 2018 4e-12(b)
	371	+	Sec. 14 October 1, 2018 13a-95a
	372	+	Sec. 15 October 1, 2018 32-7h(b)
	373	+	Sec. 16 October 1, 2018 32-9qq
	374	+	Sec. 17 October 1, 2018 32-23o
	375	+	Sec. 18 October 1, 2018 32-23x(a) to (c)
	376	+	Sec. 19 October 1, 2018 32-47a
	377	+	Sec. 20 October 1, 2018 32-353(2)
	378	+	Sec. 21 October 1, 2018 32-602(e)
	379	+	Sec. 22 October 1, 2018 32-605(d)
	380	+	Sec. 23 October 1, 2018 32-655(c)
	381	+	Sec. 24 October 1, 2018 32-656(i)
	382	+	Sec. 25 October 1, 2018 32-669(b)
	383	+	Sec. 26 October 1, 2018 46a-56
	384	+	Sec. 27 October 1, 2018 22a-263a(3)
44	385
45	386		This act shall take effect as follows and shall amend the following sections:
46	387
47	388		Section 1
48	389
49	390		October 1, 2018
50	391
51		-	4a-~~60j~~
	392	+	4a-60g
52	393
53	394		Sec. 2
54	395
55	396		October 1, 2018
56	397
	398	+	4a-60h(d) and (e)
	399	+
	400	+	Sec. 3
	401	+
	402	+	October 1, 2018
	403	+
	404	+	4a-60j
	405	+
	406	+	Sec. 4
	407	+
	408	+	October 1, 2018
	409	+
	410	+	4a-61
	411	+
	412	+	Sec. 5
	413	+
	414	+	October 1, 2018
	415	+
57	416		42-158j
58	417
	418	+	Sec. 6
59	419
	420	+	October 1, 2018
60	421
61		-	~~GAE Joint Favorable Subst.~~
	422	+	4a-57(a)
62	423
63		-	~~GAE~~
	424	+	Sec. 7
64	425
65		-	Joint Favorable Subst.
	426	+	October 1, 2018
	427	+
	428	+	4a-60
	429	+
	430	+	Sec. 8
	431	+
	432	+	October 1, 2018
	433	+
	434	+	4b-91(a)(5)
	435	+
	436	+	Sec. 9
	437	+
	438	+	October 1, 2018
	439	+
	440	+	4b-95(b)
	441	+
	442	+	Sec. 10
	443	+
	444	+	October 1, 2018
	445	+
	446	+	4e-1(11)
	447	+
	448	+	Sec. 11
	449	+
	450	+	October 1, 2018
	451	+
	452	+	4e-2(b)
	453	+
	454	+	Sec. 12
	455	+
	456	+	October 1, 2018
	457	+
	458	+	4e-9(a)
	459	+
	460	+	Sec. 13
	461	+
	462	+	October 1, 2018
	463	+
	464	+	4e-12(b)
	465	+
	466	+	Sec. 14
	467	+
	468	+	October 1, 2018
	469	+
	470	+	13a-95a
	471	+
	472	+	Sec. 15
	473	+
	474	+	October 1, 2018
	475	+
	476	+	32-7h(b)
	477	+
	478	+	Sec. 16
	479	+
	480	+	October 1, 2018
	481	+
	482	+	32-9qq
	483	+
	484	+	Sec. 17
	485	+
	486	+	October 1, 2018
	487	+
	488	+	32-23o
	489	+
	490	+	Sec. 18
	491	+
	492	+	October 1, 2018
	493	+
	494	+	32-23x(a) to (c)
	495	+
	496	+	Sec. 19
	497	+
	498	+	October 1, 2018
	499	+
	500	+	32-47a
	501	+
	502	+	Sec. 20
	503	+
	504	+	October 1, 2018
	505	+
	506	+	32-353(2)
	507	+
	508	+	Sec. 21
	509	+
	510	+	October 1, 2018
	511	+
	512	+	32-602(e)
	513	+
	514	+	Sec. 22
	515	+
	516	+	October 1, 2018
	517	+
	518	+	32-605(d)
	519	+
	520	+	Sec. 23
	521	+
	522	+	October 1, 2018
	523	+
	524	+	32-655(c)
	525	+
	526	+	Sec. 24
	527	+
	528	+	October 1, 2018
	529	+
	530	+	32-656(i)
	531	+
	532	+	Sec. 25
	533	+
	534	+	October 1, 2018
	535	+
	536	+	32-669(b)
	537	+
	538	+	Sec. 26
	539	+
	540	+	October 1, 2018
	541	+
	542	+	46a-56
	543	+
	544	+	Sec. 27
	545	+
	546	+	October 1, 2018
	547	+
	548	+	22a-263a(3)
	549	+
	550	+	Statement of Purpose:
	551	+
	552	+	To shorten the time periods for required payment of general contractors and subcontractors on both public and private construction contracts and to create a separate category within the state municipal and quasi-public set-aside programs for women-owned businesses.
	553	+
	554	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]