Connecticut 2019 Regular Session

Connecticut House Bill HB07385 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-R01-
4		-	HB.docx
5		-	1 of 22
	3	+	LCO No. 6372 1 of 16
6	4
7		-	General Assembly ~~Substitute~~ Bill No. 7385
	5	+	General Assembly Raised Bill No. 7385
8	6		January Session, 2019
	7	+	LCO No. 6372
9	8
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
10	16
11	17
12	18
13	19
14	20		AN ACT CONCERNING TH E DEPARTMENT OF ADMINISTRATIVE
15	21		SERVICES AND CHANGES TO AFFIRMATION, AFFIDAVIT AND
16	22		CERTIFICATION REQUIREMENTS FOR LARGE STA TE CONTRACTS.
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20	26		Section 1. Section 1-101qq of the general statutes is repealed and the 1
21	27		following is substituted in lieu thereof (Effective July 1, 2019): 2
22	28		(a) Except as provided in section 10a-151h, a state agency or 3
23	29		institution or quasi-public agency that is seeking a contractor for a 4
24	30		large state construction or procurement contract shall provide the 5
25	31		summary of state ethics laws developed by the Office of State Ethics 6
26	32		pursuant to section 1-81b to any person seeking a large state 7
27	33		construction or procurement contract. [Such person shall affirm to the 8
28	34		agency or institution, in writing or electronically, (1) receipt of such 9
29	35		summary, and (2) that key employees of such person have read and 10
30	36		understand the summary and agree to comply with the provisions of 11
31	37		state ethics law. After the initial submission of such affirmation, such 12
32		-	person shall not be required to resubmit such affirmation unless there 13
	38	+	person shall not be required to resubmit such affirmation unless there 13 Raised Bill No. 7385
	39	+
	40	+
	41	+
	42	+	LCO No. 6372 2 of 16
	43	+
33	44		is a change in the information contained in the affirmation. If there is 14
34	45		any change in the information contained in the most recently filed 15
35	46		affirmation, such person shall submit an updated affirmation either 16
36	47		(A) not later than thirty days after the effective date of any such 17
37		-	change, or (B) upon the submittal of any new bid or proposal, 18 Substitute Bill No. 7385
38		-
39		-
40		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
41		-	R01-HB.docx }
42		-	2 of 22
43		-
	48	+	change, or (B) upon the submittal of any new bid or proposal, 18
44	49		whichever is earlier.] No state agency or institution or quasi-public 19
45	50		agency shall [accept a bid or proposal for] enter into a large state 20
46	51		construction or procurement contract [without such affirmation] 21
47	52		unless such contract contains a representation that the chief executive 22
48	53		officer or authorized signatory of the contract and all key employees of 23
49	54		such officer or signatory have read and understood the summary and 24
50	55		agree to comply with the provisions of state ethics law. 25
51	56		(b) Except as provided in section 10a-151h, prior to entering into a 26
52	57		contract with any subcontractors or consultants, each large state 27
53	58		construction or procurement contractor shall [(1)] provide the 28
54	59		summary of state ethics laws described in subsection (a) of this section 29
55	60		to all subcontractors and consultants. [, and (2) obtain an affirmation 30
56	61		from each subcontractor and consultant that such subcontractor and 31
57	62		consultant has received such summary and key employees of such 32
58	63		subcontractor and consultant have read and understand the summary 33
59	64		and agree to comply with its provisions. The contractor shall provide 34
60	65		such affirmations to the state agency, institution or quasi-public 35
61	66		agency not later than fifteen days after the request of such agency, 36
62	67		institution or quasi-public agency for such affirmation.] Each contract 37
63	68		with a subcontractor or consultant shall include a representation that 38
64	69		each subcontractor or consultant and the key employees of such 39
65	70		subcontractor or consultant have read and understood the summary 40
66	71		and agree to comply with the provisions of state ethics law. Failure to 41
67	72		[submit such affirmations in a timely manner ] include such 42
68	73		representations in such contracts with subcontractors or consultants 43
69	74		shall be cause for termination of the large state construction or 44
70	75		procurement contract. 45
71	76		(c) Each contract with a contractor, subcontractor or consultant 46
72		-	described in subsection (a) or (b) of this section shall incorporate such 47
	77	+	described in subsection (a) or (b) of this section shall incorporate such 47 Raised Bill No. 7385
	78	+
	79	+
	80	+
	81	+	LCO No. 6372 3 of 16
	82	+
73	83		summary by reference as a part of the contract terms. 48
74	84		Sec. 2. Section 4-252 of the general statutes is repealed and the 49
75		-	following is substituted in lieu thereof (Effective July 1, 2019): 50 Substitute Bill No. 7385
76		-
77		-
78		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
79		-	R01-HB.docx }
80		-	3 of 22
81		-
	85	+	following is substituted in lieu thereof (Effective July 1, 2019): 50
82	86		(a) Except as provided in section 10a-151f, on and after July 1, [2006] 51
83	87		2019, no state agency or quasi-public agency shall execute a large state 52
84	88		contract unless [the state agency or quasi-public agency obtains the 53
85	89		written or electronic certification] such contract contains the 54
86	90		representations described in this section. [Each such certification shall 55
87	91		be sworn as true to the best knowledge and belief of the person signing 56
88	92		the certification, subject to the penalties of false statement. If there is 57
89	93		any change in the information contained in the most recently filed 58
90	94		certification, such person shall submit an updated certification either 59
91	95		(1) not later than thirty days after the effective date of any such change, 60
92	96		or (2) upon the submittal of any new bid or proposal for a large state 61
93	97		contract, whichever is earlier. Such person shall also submit to the state 62
94	98		agency or quasi-public agency an accurate, updated certification not 63
95	99		later than fourteen days after the twelve-month anniversary of the 64
96	100		most recently filed certification or updated certification.] 65
97	101		(b) The official or employee of such state agency or quasi-public 66
98	102		agency who is authorized to execute state contracts shall [certify] 67
99	103		represent that the selection of the most qualified or highest ranked 68
100	104		person, firm or corporation was not the result of collusion, the giving 69
101	105		of a gift or the promise of a gift, compensation, fraud or inappropriate 70
102	106		influence from any person. 71
103	107		(c) Any principal or key personnel of the person, firm or corporation 72
104	108		submitting a bid or proposal for a large state contract shall [certify] 73
105	109		represent: 74
106	110		(1) That no gifts were made by (A) such person, firm, corporation, 75
107	111		(B) any principals and key personnel of the person, firm or 76
108	112		corporation, who participate substantially in preparing bids, proposals 77
109	113		or negotiating state contracts, or (C) any agent of such person, firm, 78
110		-	corporation or principals and key personnel, who participates 79
	114	+	corporation or principals and key personnel, who participates 79 Raised Bill No. 7385
	115	+
	116	+
	117	+
	118	+	LCO No. 6372 4 of 16
	119	+
111	120		substantially in preparing bids, proposals or negotiating state 80
112	121		contracts, to (i) any public official or state employee of the state agency 81
113	122		or quasi-public agency soliciting bids or proposals for state contracts, 82
114		-	who participates substantially in the preparation of bid solicitations or 83 Substitute Bill No. 7385
115		-
116		-
117		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
118		-	R01-HB.docx }
119		-	4 of 22
120		-
	123	+	who participates substantially in the preparation of bid solicitations or 83
121	124		requests for proposals for state contracts or the negotiation or award of 84
122	125		state contracts, or (ii) any public official or state employee of any other 85
123	126		state agency, who has supervisory or appointing authority over such 86
124	127		state agency or quasi-public agency; 87
125	128		(2) That no such principals and key personnel of the person, firm or 88
126	129		corporation, or agent of such person, firm or corporation or principals 89
127	130		and key personnel, knows of any action by the person, firm or 90
128	131		corporation to circumvent such prohibition on gifts by providing for 91
129	132		any other principals and key personnel, official, employee or agent of 92
130	133		the person, firm or corporation to provide a gift to any such public 93
131	134		official or state employee; and 94
132	135		(3) That the person, firm or corporation is submitting bids or 95
133	136		proposals without fraud or collusion with any person. 96
134	137		(d) Any bidder or proposer that does not [make the certification] 97
135	138		agree to the representations required under this section shall be 98
136	139		[disqualified] rejected and the state agency or quasi-public agency 99
137	140		shall award the contract to the next highest ranked proposer or the 100
138	141		next lowest responsible qualified bidder or seek new bids or proposals. 101
139	142		(e) Each state agency and quasi-public agency shall include in the 102
140	143		bid specifications or request for proposals for a large state contract a 103
141	144		notice of the [certification] representation requirements of this section. 104
142	145		Sec. 3. Section 4-252a of the general statutes is repealed and the 105
143	146		following is substituted in lieu thereof (Effective July 1, 2019): 106
144	147		(a) For purposes of this section, "state agency" and "quasi-public 107
145	148		agency" have the same meanings as provided in section 1-79, "large 108
146	149		state contract" has the same meaning as provided in section 4-250 and 109
147		-	"entity" means any corporation, general partnership, limited 110
	150	+	"entity" means any corporation, general partnership, limited 110 Raised Bill No. 7385
	151	+
	152	+
	153	+
	154	+	LCO No. 6372 5 of 16
	155	+
148	156		partnership, limited liability partnership, joint venture, nonprofit 111
149	157		organization or other business organization whose principal place of 112
150	158		business is located outside of the United States, but excludes any 113
151		-	United States subsidiary of a foreign corporation. 114 Substitute Bill No. 7385
152		-
153		-
154		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
155		-	R01-HB.docx }
156		-	5 of 22
157		-
	159	+	United States subsidiary of a foreign corporation. 114
158	160		(b) No state agency or quasi-public agency shall enter into any large 115
159	161		state contract, or amend or renew any such contract with any entity 116
160	162		[who (1) has failed to submit a written certification indicating whether 117
161	163		or not such entity has] unless such contract contains the representation 118
162	164		that such entity has not made a direct investment of twenty million 119
163	165		dollars or more in the energy sector of Iran on or after October 1, 2013, 120
164	166		as described in Section 202 of the Comprehensive Iran Sanctions, 121
165	167		Accountability and Divestment Act of 2010, [or has] and has not 122
166	168		increased or renewed such investment on or after said date. [, or (2) 123
167	169		has submitted a written certification indicating that such entity has 124
168	170		made such an investment on or after October 1, 2013, or has increased 125
169	171		or renewed such an investment on or after said date. Each such 126
170	172		certification shall be sworn as true to the best knowledge and belief of 127
171	173		the entity signing the certification, subject to the penalties of false 128
172	174		statement.] 129
173	175		(c) Each state agency and quasi-public agency shall include in the 130
174	176		bid specifications or request for proposals for a large state contract a 131
175	177		notice of the [certification] representation requirements of this section. 132
176	178		[Prior to submitting a bid or proposal for a large state contract, each 133
177	179		bidder or proposer who is an entity shall submit a certification that 134
178	180		such bidder or proposer has or has not made an investment as 135
179	181		described in subsection (b) of this section.] 136
180	182		(d) Any entity who makes a good faith effort to determine whether 137
181	183		such entity has made an investment described in subsection (b) of this 138
182	184		section shall not be subject to the penalties of false statement pursuant 139
183	185		to this section. A "good faith effort" for purposes of this subsection 140
184	186		includes a determination that such entity is not on the list of persons 141
185	187		who engage in certain investment activities in Iran created by the 142
186		-	Department of General Services of the state of California pursuant to 143
	188	+	Department of General Services of the state of California pursuant to 143 Raised Bill No. 7385
	189	+
	190	+
	191	+
	192	+	LCO No. 6372 6 of 16
	193	+
187	194		Division 2, Chapter 2.7 of the California Public Contract Code. Nothing 144
188	195		in this subsection shall be construed to impair the ability of the state 145
189	196		agency or quasi-public agency to pursue a breach of contract action for 146
190		-	any violation of the provisions of the contract. 147 Substitute Bill No. 7385
191		-
192		-
193		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
194		-	R01-HB.docx }
195		-	6 of 22
196		-
	197	+	any violation of the provisions of the contract. 147
197	198		(e) The provisions of this section shall not apply to any contract of 148
198	199		the Treasurer as trustee of the Connecticut retirement plans and trust 149
199	200		funds, as defined in section 3-13c, provided nothing in this subsection 150
200	201		shall be construed to prevent the Treasurer from performing his or her 151
201	202		fiduciary duties under section 3-13g. 152
202	203		Sec. 4. Section 4a-81 of the general statutes is repealed and the 153
203	204		following is substituted in lieu thereof (Effective July 1, 2019): 154
204	205		(a) Except as provided in section 10a-151f, no state agency or quasi-155
205	206		public agency shall execute a contract for the purchase of goods or 156
206	207		services, which contract has a total value to the state of fifty thousand 157
207	208		dollars or more in any calendar or fiscal year, unless [the state agency 158
208	209		or quasi-public agency obtains the affidavit] such contract contains the 159
209	210		representations described in subsection (b) of this section. 160
210	211		(b) (1) [Any principal or key personnel of a person, firm or 161
211	212		corporation who submit bids or proposals for a] Each contract 162
212	213		described in subsection (a) of this section shall [attest in an affidavit as 163
213	214		to] include a representation whether any consulting agreement has 164
214	215		been entered into in connection with any such contract. Such [affidavit] 165
215	216		representation shall be required if any duties of the consultant 166
216	217		included communications concerning business of a state or quasi-167
217	218		public agency, whether or not direct contact with a state agency, state 168
218	219		or public official or state employee was expected or made. As used in 169
219	220		this section, "consulting agreement" means any written or oral 170
220	221		agreement to retain the services, for a fee, of a consultant for the 171
221	222		purposes of (A) providing counsel to a contractor, vendor, consultant 172
222	223		or other entity seeking to conduct, or conducting, business with the 173
223	224		state, (B) contacting, whether in writing or orally, any executive, 174
224		-	judicial, or administrative office of the state, including any department, 175
	225	+	judicial, or administrative office of the state, including any department, 175 Raised Bill No. 7385
	226	+
	227	+
	228	+
	229	+	LCO No. 6372 7 of 16
	230	+
225	231		institution, bureau, board, commission, authority, official or employee 176
226	232		for the purpose of solicitation, dispute resolution, introduction, 177
227	233		requests for information, or (C) any other similar activity related to 178
228	234		such contracts. "Consulting agreement" does not include any 179
229		-	agreements entered into with a consultant who is registered under the 180 Substitute Bill No. 7385
230		-
231		-
232		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
233		-	R01-HB.docx }
234		-	7 of 22
235		-
	235	+	agreements entered into with a consultant who is registered under the 180
236	236		provisions of chapter 10 as of the date such [affidavit is submitted] 181
237	237		contract is executed in accordance with the provisions of this section. 182
238	238		(2) Such [affidavit] representation shall be sworn as true to the best 183
239	239		knowledge and belief of the person signing the [certification on the 184
240	240		affidavit] contract and shall be subject to the penalties of false 185
241	241		statement. 186
242	242		(3) Such [affidavit] representation shall include the following 187
243	243		information for each consulting agreement listed: The name of the 188
244	244		consultant, the consultant's firm, the basic terms of the consulting 189
245	245		agreement, a brief description of the services provided, and an 190
246	246		indication as to whether the consultant is a former state employee or 191
247	247		public official. If the consultant is a former state employee or public 192
248	248		official, such [affidavit] representation shall indicate his or her former 193
249	249		agency and the date such employment terminated. 194
250	250		[(4) After the initial submission of such affidavit, the principal or 195
251	251		key personnel of the person, firm or corporation shall not be required 196
252	252		to resubmit such affidavit unless there is a change in the information 197
253	253		contained in such affidavit. If there is any change in the information 198
254	254		contained in the most recently filed affidavit required under this 199
255	255		section, the principal or key personnel of a person, firm or corporation 200
256	256		who submit bids or proposals for a contract described in subsection (a) 201
257	257		of this section shall submit an updated affidavit either (A) not later 202
258	258		than thirty days after the effective date of any such change, or (B) upon 203
259	259		the submittal of any new bid or proposal, whichever is earlier.] 204
260	260		(c) Each state agency and quasi-public agency shall include a notice 205
261	261		of the [affidavit] representation requirements of this section in the bid 206
262		-	specifications or request for proposals for any contract that is described 207
	262	+	specifications or request for proposals for any contract that is described 207 Raised Bill No. 7385
	263	+
	264	+
	265	+
	266	+	LCO No. 6372 8 of 16
	267	+
263	268		in subsection (a) of this section. 208
264	269		(d) If a bidder or vendor refuses to [submit the affidavit] agree to 209
265	270		the representation required under subsection (b) of this section, such 210
266		-	bidder or vendor shall be [disqualified] rejected and the state agency 211 Substitute Bill No. 7385
267		-
268		-
269		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
270		-	R01-HB.docx }
271		-	8 of 22
272		-
	271	+	bidder or vendor shall be [disqualified] rejected and the state agency 211
273	272		or quasi-public agency shall award the contract to the next highest 212
274	273		ranked vendor or the next lowest responsible qualified bidder or seek 213
275	274		new bids or proposals. 214
276		-	Sec. 5. Subdivision (2) of subsection (f) of section 9-612 of the general 215
277		-	statutes is repealed and the following is substituted in lieu thereof 216
278		-	(Effective July 1, 2019): 217
279		-	(2) (A) No state contractor, prospective state contractor, principal of 218
280		-	a state contractor or principal of a prospective state contractor, with 219
281		-	regard to a state contract or a state contract solicitation with or from a 220
282		-	state agency in the executive branch or a quasi-public agency or a 221
283		-	holder, or principal of a holder, of a valid prequalification certificate, 222
284		-	shall make a contribution to, or, on and after January 1, 2011, 223
285		-	knowingly solicit contributions from the state contractor's or 224
286		-	prospective state contractor's employees or from a subcontractor or 225
287		-	principals of the subcontractor on behalf of (i) an exploratory 226
288		-	committee or candidate committee established by a candidate for 227
289		-	nomination or election to the office of Governor, Lieutenant Governor, 228
290		-	Attorney General, State Comptroller, Secretary of the State or State 229
291		-	Treasurer, (ii) a political committee authorized to make contributions 230
292		-	or expenditures to or for the benefit of such candidates, or (iii) a party 231
293		-	committee; 232
294		-	(B) No state contractor, prospective state contractor, principal of a 233
295		-	state contractor or principal of a prospective state contractor, with 234
296		-	regard to a state contract or a state contract solicitation with or from 235
297		-	the General Assembly or a holder, or principal of a holder, of a valid 236
298		-	prequalification certificate, shall make a contribution to, or, on and 237
299		-	after January 1, 2011, knowingly solicit contributions from the state 238
300		-	contractor's or prospective state contractor's employees or from a 239
301		-	subcontractor or principals of the subcontractor on behalf of (i) an 240
302		-	exploratory committee or candidate committee established by a 241
303		-	candidate for nomination or election to the office of state senator or 242
304		-	state representative, (ii) a political committee authorized to make 243
305		-	contributions or expenditures to or for the benefit of such candidates, 244 Substitute Bill No. 7385
	275	+	Sec. 5. Subparagraph (E) of subdivision (2) of subsection (f) of 215
	276	+	section 9-612 of the general statutes is repealed and the following is 216
	277	+	substituted in lieu thereof (Effective July 1, 2019): 217
	278	+	(E) The State Elections Enforcement Commission shall make 218
	279	+	available to each state agency and quasi-public agency a written notice 219
	280	+	advising state contractors and prospective state contractors of the 220
	281	+	contribution and solicitation prohibitions contained in subparagraphs 221
	282	+	(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 222
	283	+	contractor and prospective state contractor to inform each individual 223
	284	+	described in subparagraph (F) of subdivision (1) of this subsection, 224
	285	+	with regard to such state contractor or prospective state contractor, 225
	286	+	about the provisions of subparagraph (A) or (B) of this subdivision, 226
	287	+	whichever is applicable, and this subparagraph; (ii) inform each state 227
	288	+	contractor and prospective state contractor of the civil and criminal 228
	289	+	penalties that could be imposed for violations of such prohibitions if 229
	290	+	any such contribution is made or solicited; (iii) inform each state 230
	291	+	contractor and prospective state contractor that, in the case of a state 231
	292	+	contractor, if any such contribution is made or solicited, the contract 232
	293	+	may be voided; (iv) inform each state contractor and prospective state 233
	294	+	contractor that, in the case of a prospective state contractor, if any such 234
	295	+	contribution is made or solicited, the contract described in the state 235
	296	+	contract solicitation shall not be awarded, unless the commission 236
	297	+	determines that mitigating circumstances exist concerning such 237
	298	+	violation; and (v) inform each state contractor and prospective state 238
	299	+	contractor that the state will not award any other state contract to 239
	300	+	anyone found in violation of such prohibitions for a period of one year 240 Raised Bill No. 7385
306	301
307	302
308		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
309		-	R01-HB.docx }
310		-	9 of 22
311	303
312		-	or (iii) a party committee; 245
313		-	(C) If a state contractor or principal of a state contractor makes or 246
314		-	solicits a contribution as prohibited under subparagraph (A) or (B) of 247
315		-	this subdivision, as determined by the State Elections Enforcement 248
316		-	Commission, the contracting state agency or quasi-public agency may, 249
317		-	in the case of a state contract executed on or after February 8, 2007, 250
318		-	void the existing contract with such contractor, and no state agency or 251
319		-	quasi-public agency shall award the state contractor a state contract or 252
320		-	an extension or an amendment to a state contract for one year after the 253
321		-	election for which such contribution is made or solicited unless the 254
322		-	commission determines that mitigating circumstances exist concerning 255
323		-	such violation. No violation of the prohibitions contained in 256
324		-	subparagraph (A) or (B) of this subdivision shall be deemed to have 257
325		-	occurred if, and only if, the improper contribution is returned to the 258
326		-	principal by the later of thirty days after receipt of such contribution 259
327		-	by the recipient committee treasurer or the filing date that corresponds 260
328		-	with the reporting period in which such contribution was made; 261
329		-	(D) If a prospective state contractor or principal of a prospective 262
330		-	state contractor makes or solicits a contribution as prohibited under 263
331		-	subparagraph (A) or (B) of this subdivision, as determined by the State 264
332		-	Elections Enforcement Commission, no state agency or quasi-public 265
333		-	agency shall award the prospective state contractor the contract 266
334		-	described in the state contract solicitation or any other state contract 267
335		-	for one year after the election for which such contribution is made or 268
336		-	solicited unless the commission determines that mitigating 269
337		-	circumstances exist concerning such violation. The Commissioner of 270
338		-	Administrative Services shall notify applicants of the provisions of this 271
339		-	subparagraph and subparagraphs (A) and (B) of this subdivision 272
340		-	during the prequalification application process; [and] 273
341		-	(E) The State Elections Enforcement Commission shall make 274
342		-	available to each state agency and quasi-public agency a written notice 275
343		-	advising state contractors and prospective state contractors of the 276
344		-	contribution and solicitation prohibitions contained in subparagraphs 277 Substitute Bill No. 7385
	304	+	LCO No. 6372 9 of 16
	305	+
	306	+	after the election for which such contribution is made or solicited, 241
	307	+	unless the commission determines that mitigating circumstances exist 242
	308	+	concerning such violation. Each state agency and quasi-public agency 243
	309	+	shall [distribute such notice to the chief executive officer of its 244
	310	+	contractors and prospective state contractors, or an authorized 245
	311	+	signatory to a state contract, and shall obtain a written 246
	312	+	acknowledgment of the receipt of such notice] include in the bid 247
	313	+	specifications or request for proposals for a large state contract a copy 248
	314	+	of or Internet link to such notice. No state agency or quasi-public 249
	315	+	agency shall execute a state contract unless such contract contains a 250
	316	+	representation that the chief executive officer or authorized signatory 251
	317	+	of the contract has received such notice. 252
	318	+	Sec. 6. Section 4a-60 of the general statutes is repealed and the 253
	319	+	following is substituted in lieu thereof (Effective July 1, 2019): 254
	320	+	(a) Except as provided in section 10a-151i, as amended by this act, 255
	321	+	every contract to which an awarding agency is a party, every quasi-256
	322	+	public agency project contract and every municipal public works 257
	323	+	contract shall contain the following provisions: 258
	324	+	(1) The contractor agrees and warrants that in the performance of 259
	325	+	the contract such contractor will not discriminate or permit 260
	326	+	discrimination against any person or group of persons on the grounds 261
	327	+	of race, color, religious creed, age, marital status, national origin, 262
	328	+	ancestry, sex, gender identity or expression, status as a veteran, 263
	329	+	intellectual disability, mental disability or physical disability, 264
	330	+	including, but not limited to, blindness, unless it is shown by such 265
	331	+	contractor that such disability prevents performance of the work 266
	332	+	involved, in any manner prohibited by the laws of the United States or 267
	333	+	of the state of Connecticut; and the contractor further agrees to take 268
	334	+	affirmative action to ensure that applicants with job-related 269
	335	+	qualifications are employed and that employees are treated when 270
	336	+	employed without regard to their race, color, religious creed, age, 271
	337	+	marital status, national origin, ancestry, sex, gender identity or 272
	338	+	expression, status as a veteran, intellectual disability, mental disability 273 Raised Bill No. 7385
345	339
346	340
347		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
348		-	R01-HB.docx }
349		-	10 of 22
350	341
351		-	(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 278
352		-	contractor and prospective state contractor to inform each individual 279
353		-	described in subparagraph (F) of subdivision (1) of this subsection, 280
354		-	with regard to such state contractor or prospective state contractor, 281
355		-	about the provisions of subparagraph (A) or (B) of this subdivision, 282
356		-	whichever is applicable, and this subparagraph; (ii) inform each state 283
357		-	contractor and prospective state contractor of the civil and criminal 284
358		-	penalties that could be imposed for violations of such prohibitions if 285
359		-	any such contribution is made or solicited; (iii) inform each state 286
360		-	contractor and prospective state contractor that, in the case of a state 287
361		-	contractor, if any such contribution is made or solicited, the contract 288
362		-	may be voided; (iv) inform each state contractor and prospective state 289
363		-	contractor that, in the case of a prospective state contractor, if any such 290
364		-	contribution is made or solicited, the contract described in the state 291
365		-	contract solicitation shall not be awarded, unless the commission 292
366		-	determines that mitigating circumstances exist concerning such 293
367		-	violation; and (v) inform each state contractor and prospective state 294
368		-	contractor that the state will not award any other state contract to 295
369		-	anyone found in violation of such prohibitions for a period of one year 296
370		-	after the election for which such contribution is made or solicited, 297
371		-	unless the commission determines that mitigating circumstances exist 298
372		-	concerning such violation. Each state agency and quasi-public agency 299
373		-	shall [distribute such notice to the chief executive officer of its 300
374		-	contractors and prospective state contractors, or an authorized 301
375		-	signatory to a state contract, and shall obtain a written 302
376		-	acknowledgment of the receipt of such notice.] include in the bid 303
377		-	specifications or request for proposals for a large state contract a copy 304
378		-	of or Internet link to such notice. No state agency or quasi-public 305
379		-	agency shall execute a state contract unless such contract contains a 306
380		-	representation that the chief executive officer or authorized signatory 307
381		-	of the contract has received such notice; and 308
382		-	(F) (i) Any principal of the state contractor or prospective state 309
383		-	contractor submitting a bid or proposal for a state contract shall certify 310
384		-	that neither the contractor or prospective state contractor, nor any of its 311 Substitute Bill No. 7385
	342	+	LCO No. 6372 10 of 16
	343	+
	344	+	or physical disability, including, but not limited to, blindness, unless it 274
	345	+	is shown by such contractor that such disability prevents performance 275
	346	+	of the work involved; 276
	347	+	(2) The contractor agrees, in all solicitations or advertisements for 277
	348	+	employees placed by or on behalf of the contractor, to state that it is an 278
	349	+	"affirmative action-equal opportunity employer" in accordance with 279
	350	+	regulations adopted by the Commission on Human Rights and 280
	351	+	Opportunities; 281
	352	+	(3) The contractor agrees to provide each labor union or 282
	353	+	representative of workers with which such contractor has a collective 283
	354	+	bargaining agreement or other contract or understanding and each 284
	355	+	vendor with which such contractor has a contract or understanding, a 285
	356	+	notice to be provided by the Commission on Human Rights and 286
	357	+	Opportunities advising the labor union or workers' representative of 287
	358	+	the contractor's commitments under this section, and to post copies of 288
	359	+	the notice in conspicuous places available to employees and applicants 289
	360	+	for employment; 290
	361	+	(4) The contractor agrees to comply with each provision of this 291
	362	+	section and sections 46a-68e and 46a-68f and with each regulation or 292
	363	+	relevant order issued by said commission pursuant to sections 46a-56, 293
	364	+	46a-68e, 46a-68f and 46a-86; and 294
	365	+	(5) The contractor agrees to provide the Commission on Human 295
	366	+	Rights and Opportunities with such information requested by the 296
	367	+	commission, and permit access to pertinent books, records and 297
	368	+	accounts, concerning the employment practices and procedures of the 298
	369	+	contractor as relate to the provisions of this section and section 46a-56. 299
	370	+	(b) If the contract is a public works contract, municipal public works 300
	371	+	contract or contract for a quasi-public agency project, the contractor 301
	372	+	agrees and warrants that he or she will make good faith efforts to 302
	373	+	employ minority business enterprises as subcontractors and suppliers 303
	374	+	of materials on such public works or quasi-public agency project. 304 Raised Bill No. 7385
385	375
386	376
387		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
388		-	R01-HB.docx }
389		-	11 of 22
390	377
391		-	principals, have made any contributions to, or solicited any 312
392		-	contributions on behalf of any party committee, exploratory 313
393		-	committee, candidate for state-wide office or for the General 314
394		-	Assembly, or political committee authorized to make contributions to 315
395		-	or expenditures to or for, the benefit of such candidates, in the 316
396		-	previous four years, that were determined by the State Elections 317
397		-	Enforcement Commission to be in violation of subparagraph (A) or (B) 318
398		-	of this subdivision, without mitigating circumstances having been 319
399		-	found to exist concerning such violation. Each such certification shall 320
400		-	be sworn as true to the best knowledge and belief of the person signing 321
401		-	the certification, subject to the penalties of false statement. If there is 322
402		-	any change in the information contained in the most recently filed 323
403		-	certification, such person shall submit an updated certification either 324
404		-	not later than thirty days after the effective date of any such change or 325
405		-	upon the submittal of any new bid or proposal for a state contract, 326
406		-	whichever is earlier. 327
407		-	(ii) Each state agency and quasi-public agency shall include in the 328
408		-	bid specifications or request for proposals for a state contract a notice 329
409		-	of the certification requirements of this subparagraph. No state agency 330
410		-	or quasi-public agency shall execute a state contract, unless the state 331
411		-	agency or quasi-public agency obtains the written certification 332
412		-	described in this subparagraph. 333
413		-	(iii) Any principal of the state contractor or prospective state 334
414		-	contractor submitting a bid or proposal for a state contract shall 335
415		-	disclose on the certification all contributions made by any of its 336
416		-	principals to any party committee, exploratory committee, candidate 337
417		-	for state-wide office or for the General Assembly, or political 338
418		-	committee authorized to make contributions to or expenditures to or 339
419		-	for the benefit of such candidates for a period of four years prior to the 340
420		-	signing of the contract or date of the response to the bid, whichever is 341
421		-	longer, and certify that all such contributions have been disclosed. 342
422		-	Sec. 6. Section 4a-60 of the general statutes is repealed and the 343
423		-	following is substituted in lieu thereof (Effective July 1, 2019): 344 Substitute Bill No. 7385
	378	+	LCO No. 6372 11 of 16
	379	+
	380	+	[(c) Except as provided in section 10a-151i: 305
	381	+	(1) Any contractor who has one or more contracts with an awarding 306
	382	+	agency or who is a party to a municipal public works contract or a 307
	383	+	contract for a quasi-public agency project, where any such contract is 308
	384	+	valued at less than fifty thousand dollars for each year of the contract, 309
	385	+	shall provide the awarding agency, or in the case of a municipal public 310
	386	+	works or quasi-public agency project contract, the Commission on 311
	387	+	Human Rights and Opportunities, with a written or electronic 312
	388	+	representation that complies with the nondiscrimination agreement 313
	389	+	and warranty under subdivision (1) of subsection (a) of this section, 314
	390	+	provided if there is any change in such representation, the contractor 315
	391	+	shall provide the updated representation to the awarding agency or 316
	392	+	commission not later than thirty days after such change. 317
	393	+	(2) Any contractor who has one or more contracts with an awarding 318
	394	+	agency or who is a party to a municipal public works contract or a 319
	395	+	contract for a quasi-public agency project, where any such contract is 320
	396	+	valued at fifty thousand dollars or more for any year of the contract, 321
	397	+	shall provide the awarding agency, or in the case of a municipal public 322
	398	+	works or quasi-public agency project contract, the Commission on 323
	399	+	Human Rights and Opportunities, with any one of the following: 324
	400	+	(A) Documentation in the form of a company or corporate policy 325
	401	+	adopted by resolution of the board of directors, shareholders, 326
	402	+	managers, members or other governing body of such contractor that 327
	403	+	complies with the nondiscrimination agreement and warranty under 328
	404	+	subdivision (1) of subsection (a) of this section; 329
	405	+	(B) Documentation in the form of a company or corporate policy 330
	406	+	adopted by a prior resolution of the board of directors, shareholders, 331
	407	+	managers, members or other governing body of such contractor if (i) 332
	408	+	the prior resolution is certified by a duly authorized corporate officer 333
	409	+	of such contractor to be in effect on the date the documentation is 334
	410	+	submitted, and (ii) the head of the awarding agency, or a designee, or 335
	411	+	in the case of a municipal public works or quasi-public agency project 336 Raised Bill No. 7385
424	412
425	413
426		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
427		-	R01-HB.docx }
428		-	12 of 22
429	414
430		-	(a) Except as provided in section 10a-151i, every contract to which 345
431		-	an awarding agency is a party, every quasi-public agency project 346
432		-	contract and every municipal public works contract shall contain the 347
433		-	following provisions: 348
434		-	(1) The contractor agrees and warrants that in the performance of 349
435		-	the contract such contractor will not discriminate or permit 350
436		-	discrimination against any person or group of persons on the grounds 351
437		-	of race, color, religious creed, age, marital status, national origin, 352
438		-	ancestry, sex, gender identity or expression, status as a veteran, 353
439		-	intellectual disability, mental disability or physical disability, 354
440		-	including, but not limited to, blindness, unless it is shown by such 355
441		-	contractor that such disability prevents performance of the work 356
442		-	involved, in any manner prohibited by the laws of the United States or 357
443		-	of the state of Connecticut; and the contractor further agrees to take 358
444		-	affirmative action to ensure that applicants with job-related 359
445		-	qualifications are employed and that employees are treated when 360
446		-	employed without regard to their race, color, religious creed, age, 361
447		-	marital status, national origin, ancestry, sex, gender identity or 362
448		-	expression, status as a veteran, intellectual disability, mental disability 363
449		-	or physical disability, including, but not limited to, blindness, unless it 364
450		-	is shown by such contractor that such disability prevents performance 365
451		-	of the work involved; 366
452		-	(2) The contractor agrees, in all solicitations or advertisements for 367
453		-	employees placed by or on behalf of the contractor, to state that it is an 368
454		-	"affirmative action-equal opportunity employer" in accordance with 369
455		-	regulations adopted by the Commission on Human Ri ghts and 370
456		-	Opportunities; 371
457		-	(3) The contractor agrees to provide each labor union or 372
458		-	representative of workers with which such contractor has a collective 373
459		-	bargaining agreement or other contract or understanding and each 374
460		-	vendor with which such contractor has a contract or understanding, a 375
461		-	notice to be provided by the Commission on Human Rights and 376
462		-	Opportunities advising the labor union or workers' representative of 377 Substitute Bill No. 7385
	415	+	LCO No. 6372 12 of 16
	416	+
	417	+	contract, the executive director of the Commission on Human Rights 337
	418	+	and Opportunities or a designee, certifies that the prior resolution 338
	419	+	complies with the nondiscrimination agreement and warranty under 339
	420	+	subdivision (1) of subsection (a) of this section; or 340
	421	+	(C) Documentation in the form of an affidavit signed under penalty 341
	422	+	of false statement by a chief executive officer, president, chairperson or 342
	423	+	other corporate officer duly authorized to adopt company or corporate 343
	424	+	policy that certifies that the company or corporate policy of the 344
	425	+	contractor complies with the nondiscrimination agreement and 345
	426	+	warranty under subdivision (1) of subsection (a) of this section and is 346
	427	+	in effect on the date the affidavit is signed. 347
	428	+	(3) No awarding agency, or in the case of a municipal public works 348
	429	+	contract, no municipality, or in the case of a quasi-public agency 349
	430	+	project contract, no entity, shall award a contract to a contractor who 350
	431	+	has not provided the representation or documentation required under 351
	432	+	subdivisions (1) and (2) of this subsection, as applicable. After the 352
	433	+	initial submission of such representation or documentation, the 353
	434	+	contractor shall not be required to resubmit such representation or 354
	435	+	documentation unless there is a change in the information contained in 355
	436	+	such representation or documentation. If there is any change in the 356
	437	+	information contained in the most recently filed representation or 357
	438	+	updated documentation, the contractor shall submit an updated 358
	439	+	representation or documentation, as applicable, either (A) not later 359
	440	+	than thirty days after the effective date of such change, or (B) upon the 360
	441	+	execution of a new contract with the awarding agency, municipality or 361
	442	+	entity, as applicable, whichever is earlier. Such contractor shall also 362
	443	+	certify, in accordance with subparagraph (B) or (C) of subdivision (2) 363
	444	+	of this subsection, to the awarding agency or commission, as 364
	445	+	applicable, not later than fourteen days after the twelve-month 365
	446	+	anniversary of the most recently filed representation, documentation 366
	447	+	or updated representation or documentation, that the representation 367
	448	+	on file with the awarding agency or commission, as applicable, is 368
	449	+	current and accurate.] 369 Raised Bill No. 7385
463	450
464	451
465		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
466		-	R01-HB.docx }
467		-	13 of 22
468	452
469		-	the contractor's commitments under this section, and to post copies of 378
470		-	the notice in conspicuous places available to employees and applicants 379
471		-	for employment; 380
472		-	(4) The contractor agrees to comply with each provision of this 381
473		-	section and sections 46a-68e and 46a-68f and with each regulation or 382
474		-	relevant order issued by said commission pursuant to sections 46a-56, 383
475		-	46a-68e, 46a-68f and 46a-86; and 384
476		-	(5) The contractor agrees to provide the Commission on Human 385
477		-	Rights and Opportunities with such information requested by the 386
478		-	commission, and permit access to pertinent books, records and 387
479		-	accounts, concerning the employment practices and procedures of the 388
480		-	contractor as relate to the provisions of this section and section 46a-56. 389
481		-	(b) If the contract is a public works contract, municipal public works 390
482		-	contract or contract for a quasi-public agency project, the contractor 391
483		-	agrees and warrants that he or she will make good faith efforts to 392
484		-	employ minority business enterprises as subcontractors and suppliers 393
485		-	of materials on such public works or quasi-public agency project. 394
486		-	(c) Except as provided in section 10a-151i: 395
487		-	(1) Any contractor who has one or more contracts with an awarding 396
488		-	agency, or who is a party to a municipal public works contract or a 397
489		-	contract for a quasi-public agency project, [where any such contract is 398
490		-	valued at less than fifty thousand dollars for each year of the contract, 399
491		-	shall provide the awarding agency, or in the case of a municipal public 400
492		-	works or quasi-public agency project contract, the Commission on 401
493		-	Human Rights and Opportunities, with a written or electronic 402
494		-	representation that complies with the nondiscrimination agreement 403
495		-	and warranty under subdivision (1) of subsection (a) of this section, 404
496		-	provided if there is any change in such representation, the contractor 405
497		-	shall provide the updated representation to the awarding agency or 406
498		-	commission not later than thirty days after such change] shall include 407
499		-	a nondiscrimination affirmation provision in the contract certifying 408 Substitute Bill No. 7385
	453	+	LCO No. 6372 13 of 16
	454	+
	455	+	[(d)] (c) For the purposes of this section, "contract" includes any 370
	456	+	extension or modification of the contract, "contractor" includes any 371
	457	+	successors or assigns of the contractor, "marital status" means being 372
	458	+	single, married as recognized by the state of Connecticut, widowed, 373
	459	+	separated or divorced, and "mental disability" means one or more 374
	460	+	mental disorders, as defined in the most recent edition of the American 375
	461	+	Psychiatric Association's "Diagnostic and Statistical Manual of Mental 376
	462	+	Disorders", or a record of or regarding a person as having one or more 377
	463	+	such disorders. For the purposes of this section, "contract" does not 378
	464	+	include a contract where each contractor is (1) a political subdivision of 379
	465	+	the state, including, but not limited to, a municipality, unless the 380
	466	+	contract is a municipal public works contract or quasi-public agency 381
	467	+	project contract, (2) any other state, as defined in section 1-267, (3) the 382
	468	+	federal government, (4) a foreign government, or (5) an agency of a 383
	469	+	subdivision, state or government described in subdivision (1), (2), (3) 384
	470	+	or (4) of this subsection. 385
	471	+	[(e)] (d) For the purposes of this section, "minority business 386
	472	+	enterprise" means any small contractor or supplier of materials fifty-387
	473	+	one per cent or more of the capital stock, if any, or assets of which is 388
	474	+	owned by a person or persons: (1) Who are active in the daily affairs of 389
	475	+	the enterprise, (2) who have the power to direct the management and 390
	476	+	policies of the enterprise, and (3) who are members of a minority, as 391
	477	+	such term is defined in subsection (a) of section 32-9n; and "good faith" 392
	478	+	means that degree of diligence which a reasonable person would 393
	479	+	exercise in the performance of legal duties and obligations. "Good faith 394
	480	+	efforts" shall include, but not be limited to, those reasonable initial 395
	481	+	efforts necessary to comply with statutory or regulatory requirements 396
	482	+	and additional or substituted efforts when it is determined that such 397
	483	+	initial efforts will not be sufficient to comply with such requirements. 398
	484	+	[(f)] (e) Determination of the contractor's good faith efforts shall 399
	485	+	include, but shall not be limited to, the following factors: The 400
	486	+	contractor's employment and subcontracting policies, patterns and 401
	487	+	practices; affirmative advertising, recruitment and training; technical 402
	488	+	assistance activities and such other reasonable activities or efforts as 403 Raised Bill No. 7385
500	489
501	490
502		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
503		-	R01-HB.docx }
504		-	14 of 22
505	491
506		-	that the contractor understands the obligations of this section and will 409
507		-	maintain a policy for the duration of the contract to assure that the 410
508		-	contract will be performed in compliance with the nondiscrimination 411
509		-	requirements of subsection (a) of this section. The authorized signatory 412
510		-	of the contract shall demonstrate his or her understanding of this 413
511		-	obligation by either (A) initialing the nondiscrimination affirmation 414
512		-	provision in the body of the contract, or (B) providing an affirmative 415
513		-	response in the required online bid or response to a proposal question 416
514		-	which asks if the contractor understands its obligations. 417
515		-	[(2) Any contractor who has one or more contracts with an 418
516		-	awarding agency or who is a party to a municipal public works 419
517		-	contract or a contract for a quasi-public agency project, where any such 420
518		-	contract is valued at fifty thousand dollars or more for any year of the 421
519		-	contract, shall provide the awarding agency, or in the case of a 422
520		-	municipal public works or quasi-public agency project contract, the 423
521		-	Commission on Human Rights and Opportunities, with any one of the 424
522		-	following: 425
523		-	(A) Documentation in the form of a company or corporate policy 426
524		-	adopted by resolution of the board of directors, shareholders, 427
525		-	managers, members or other governing body of such contractor that 428
526		-	complies with the nondiscrimination agreement and warranty under 429
527		-	subdivision (1) of subsection (a) of this section; 430
528		-	(B) Documentation in the form of a company or corporate policy 431
529		-	adopted by a prior resolution of the board of directors, shareholders, 432
530		-	managers, members or other governing body of such contractor if (i) 433
531		-	the prior resolution is certified by a duly authorized corporate officer 434
532		-	of such contractor to be in effect on the date the documentation is 435
533		-	submitted, and (ii) the head of the awarding agency, or a designee, or 436
534		-	in the case of a municipal public works or quasi-public agency project 437
535		-	contract, the executive director of the Commission on Human Rights 438
536		-	and Opportunities or a designee, certifies that the prior resolution 439
537		-	complies with the nondiscrimination agreement and warranty under 440
538		-	subdivision (1) of subsection (a) of this section; or 441 Substitute Bill No. 7385
	492	+	LCO No. 6372 14 of 16
	493	+
	494	+	the Commission on Human Rights and Opportunities may prescribe 404
	495	+	that are designed to ensure the participation of minority business 405
	496	+	enterprises in public works projects. 406
	497	+	[(g)] (f) The contractor shall develop and maintain adequate 407
	498	+	documentation, in a manner prescribed by the Commission on Human 408
	499	+	Rights and Opportunities, of its good faith efforts. 409
	500	+	[(h)] (g) The contractor shall include the provisions of subsections 410
	501	+	(a) and (b) of this section in every subcontract or purchase order 411
	502	+	entered into in order to fulfill any obligation of a contract with the 412
	503	+	state, and in every subcontract entered into in order to fulfill any 413
	504	+	obligation of a municipal public works contract or contract for a quasi-414
	505	+	public agency project, and such provisions shall be binding on a 415
	506	+	subcontractor, vendor or manufacturer, unless exempted by 416
	507	+	regulations or orders of the Commission on Human Rights and 417
	508	+	Opportunities. The contractor shall take such action with respect to 418
	509	+	any such subcontract or purchase order as the commission may direct 419
	510	+	as a means of enforcing such provisions, including sanctions for 420
	511	+	noncompliance in accordance with section 46a-56; provided, if such 421
	512	+	contractor becomes involved in, or is threatened with, litigation with a 422
	513	+	subcontractor or vendor as a result of such direction by the 423
	514	+	commission regarding a state contract, the contractor may request the 424
	515	+	state of Connecticut to enter into any such litigation or negotiation 425
	516	+	prior thereto to protect the interests of the state and the state may so 426
	517	+	enter. 427
	518	+	Sec. 7. Section 10a-151i of the general statutes is repealed and the 428
	519	+	following is substituted in lieu thereof (Effective July 1, 2019): 429
	520	+	For any qualified contract described in subdivision (1) of subsection 430
	521	+	(b) of section 10a-151f, and any revenue contract or nonmonetary 431
	522	+	contract that is not a qualified contract, as such terms are defined in 432
	523	+	section 10a-151f, that is entered into or amended on or after July 1, 433
	524	+	2017, by the chief executive officer of the Board of Regents for Higher 434
	525	+	Education or the chief executive officer of an institution within the 435 Raised Bill No. 7385
539	526
540	527
541		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
542		-	R01-HB.docx }
543		-	15 of 22
544	528
545		-	(C) Documentation in the form of an affidavit signed under penalty 442
546		-	of false statement by a chief executive officer, president, chairperson or 443
547		-	other corporate officer duly authorized to adopt company or corporate 444
548		-	policy that certifies that the company or corporate policy of the 445
549		-	contractor complies with the nondiscrimination agreement and 446
550		-	warranty under subdivision (1) of subsection (a) of this section and is 447
551		-	in effect on the date the affidavit is signed.] 448
552		-	[(3)] (2) No awarding agency, or in the case of a municipal public 449
553		-	works contract, no municipality, or in the case of a quasi-public agency 450
554		-	project contract, no entity, shall award a contract to a contractor who 451
555		-	has not [provided the representation or documentation] included the 452
556		-	nondiscrimination affirmation provision and demonstrated its 453
557		-	understanding of such provision as required under [subdivisions] 454
558		-	subdivision (1) [and (2)] of this subsection. [, as applicable. After the 455
559		-	initial submission of such representation or documentation, the 456
560		-	contractor shall not be required to resubmit such representation or 457
561		-	documentation unless there is a change in the information contained in 458
562		-	such representation or documentation. If there is any change in the 459
563		-	information contained in the most recently filed representation or 460
564		-	updated documentation, the contractor shall submit an updated 461
565		-	representation or documentation, as applicable, either (A) not later 462
566		-	than thirty days after the effective date of such change, or (B) upon the 463
567		-	execution of a new contract with the awarding agency, municipality or 464
568		-	entity, as applicable, whichever is earlier. Such contractor shall also 465
569		-	certify, in accordance with subparagraph (B) or (C) of subdivision (2) 466
570		-	of this subsection, to the awarding agency or commission, as 467
571		-	applicable, not later than fourteen days after the twelve-month 468
572		-	anniversary of the most recently filed representation, documentation 469
573		-	or updated representation or documentation, that the representation 470
574		-	on file with the awarding agency or commission, as applicable, is 471
575		-	current and accurate.] 472
576		-	(d) For the purposes of this section, "contract" includes any 473
577		-	extension or modification of the contract, "contractor" includes any 474 Substitute Bill No. 7385
	529	+	LCO No. 6372 15 of 16
578	530
579		-
580		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
581		-	R01-HB.docx }
582		-	16 of 22
583		-
584		-	successors or assigns of the contractor, "marital status" means being 475
585		-	single, married as recognized by the state of Connecticut, widowed, 476
586		-	separated or divorced, and "mental disability" means one or more 477
587		-	mental disorders, as defined in the most recent edition of the American 478
588		-	Psychiatric Association's "Diagnostic and Statistical Manual of Mental 479
589		-	Disorders", or a record of or regarding a person as having one or more 480
590		-	such disorders. For the purposes of this section, "contract" does not 481
591		-	include a contract where each contractor is (1) a political subdivision of 482
592		-	the state, including, but not limited to, a municipality, unless the 483
593		-	contract is a municipal public works contract or quasi-public agency 484
594		-	project contract, (2) any other state, as defined in section 1-267, (3) the 485
595		-	federal government, (4) a foreign government, or (5) an agency of a 486
596		-	subdivision, state or government described in subdivision (1), (2), (3) 487
597		-	or (4) of this subsection. 488
598		-	(e) For the purposes of this section, "minority business enterprise" 489
599		-	means any small contractor or supplier of materials fifty-one per cent 490
600		-	or more of the capital stock, if any, or assets of which is owned by a 491
601		-	person or persons: (1) Who are active in the daily affairs of the 492
602		-	enterprise, (2) who have the power to direct the management and 493
603		-	policies of the enterprise, and (3) who are members of a minority, as 494
604		-	such term is defined in subsection (a) of section 32-9n; and "good faith" 495
605		-	means that degree of diligence which a reasonable person would 496
606		-	exercise in the performance of legal duties and obligations. "Good faith 497
607		-	efforts" shall include, but not be limited to, those reasonable initial 498
608		-	efforts necessary to comply with statutory or regulatory requirements 499
609		-	and additional or substituted efforts when it is determined that such 500
610		-	initial efforts will not be sufficient to comply with such requirements. 501
611		-	(f) Determination of the contractor's good faith efforts shall include, 502
612		-	but shall not be limited to, the following factors: The contractor's 503
613		-	employment and subcontracting policies, patterns and practices; 504
614		-	affirmative advertising, recruitment and training; technical assistance 505
615		-	activities and such other reasonable activities or efforts as the 506
616		-	Commission on Human Rights and Opportunities may prescribe that 507 Substitute Bill No. 7385
617		-
618		-
619		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
620		-	R01-HB.docx }
621		-	17 of 22
622		-
623		-	are designed to ensure the participation of minority business 508
624		-	enterprises in public works projects. 509
625		-	(g) The contractor shall develop and maintain adequate 510
626		-	documentation, in a manner prescribed by the Commission on Human 511
627		-	Rights and Opportunities, of its good faith efforts. 512
628		-	(h) The contractor shall include the provisions of subsections (a) and 513
629		-	(b) of this section in every subcontract or purchase order entered into 514
630		-	in order to fulfill any obligation of a contract with the state, and in 515
631		-	every subcontract entered into in order to fulfill any obligation of a 516
632		-	municipal public works contract or contract for a quasi-public agency 517
633		-	project, and such provisions shall be binding on a subcontractor, 518
634		-	vendor or manufacturer, unless exempted by regulations or orders of 519
635		-	the Commission on Human Rights and Opportunities. The contractor 520
636		-	shall take such action with respect to any such subcontract or purchase 521
637		-	order as the commission may direct as a means of enforcing such 522
638		-	provisions, including sanctions for noncompliance in accordance with 523
639		-	section 46a-56; provided, if such contractor becomes involved in, or is 524
640		-	threatened with, litigation with a subcontractor or vendor as a result of 525
641		-	such direction by the commission regarding a state contract, the 526
642		-	contractor may request the state of Connecticut to enter into any such 527
643		-	litigation or negotiation prior thereto to protect the interests of the 528
644		-	state and the state may so enter. 529
645		-	Sec. 7. Section 4a-60a of the general statutes is repealed and the 530
646		-	following is substituted in lieu thereof (Effective July 1, 2019): 531
647		-	(a) Except as provided in section 10a-151i, every contract to which 532
648		-	an awarding agency is a party, every contract for a quasi-public agency 533
649		-	project and every municipal public works contract shall contain the 534
650		-	following provisions: 535
651		-	(1) The contractor agrees and warrants that in the performance of 536
652		-	the contract such contractor will not discriminate or permit 537
653		-	discrimination against any person or group of persons on the grounds 538 Substitute Bill No. 7385
654		-
655		-
656		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
657		-	R01-HB.docx }
658		-	18 of 22
659		-
660		-	of sexual orientation, in any manner prohibited by the laws of the 539
661		-	United States or of the state of Connecticut, and that employees are 540
662		-	treated when employed without regard to their sexual orientation; 541
663		-	(2) The contractor agrees to provide each labor union or 542
664		-	representative of workers with which such contractor has a collective 543
665		-	bargaining agreement or other contract or understanding and each 544
666		-	vendor with which such contractor has a contract or understanding, a 545
667		-	notice to be provided by the Commission on Human Rights and 546
668		-	Opportunities advising the labor union or workers' representative of 547
669		-	the contractor's commitments under this section, and to post copies of 548
670		-	the notice in conspicuous places available to employees and applicants 549
671		-	for employment; 550
672		-	(3) The contractor agrees to comply with each provision of this 551
673		-	section and with each regulation or relevant order issued by said 552
674		-	commission pursuant to section 46a-56; and 553
675		-	(4) The contractor agrees to provide the Commission on Human 554
676		-	Rights and Opportunities with such information requested by the 555
677		-	commission, and permit access to pertinent books, records and 556
678		-	accounts, concerning the employment practices and procedures of the 557
679		-	contractor which relate to the provisions of this section and section 558
680		-	46a-56. 559
681		-	(b) Except as provided in section 10a-151i: 560
682		-	(1) Any contractor who has one or more contracts with an awarding 561
683		-	agency, or who is a party to a municipal public works contract or a 562
684		-	contract for a quasi-public agency project, [where any such contract is 563
685		-	valued at less than fifty thousand dollars for each year of the contract, 564
686		-	shall provide the awarding agency, or in the case of a municipal public 565
687		-	works or quasi-public agency project contract, the Commission on 566
688		-	Human Rights and Opportunities, with a written representation that 567
689		-	complies with the nondiscrimination agreement and warranty under 568
690		-	subdivision (1) of subsection (a) of this section.] shall include a 569 Substitute Bill No. 7385
691		-
692		-
693		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
694		-	R01-HB.docx }
695		-	19 of 22
696		-
697		-	nondiscrimination affirmation provision in the contract certifying that 570
698		-	the contractor understands the obligations of this section and will 571
699		-	maintain a policy for the duration of the contract to assure that the 572
700		-	contract will be performed in compliance with the nondiscrimination 573
701		-	requirements of this section. The authorized signatory of the contract 574
702		-	shall demonstrate his or her understanding of this obligation by either 575
703		-	(A) initialing the nondiscrimination affirmation provision in the body 576
704		-	of the contract, or (B) providing an affirmative response in the required 577
705		-	online bid or response to a proposal question which asks if the 578
706		-	contractor understands its obligations. 579
707		-	[(2) Any contractor who has one or more contracts with an 580
708		-	awarding agency or who is a party to a municipal public works 581
709		-	contract or a contract for a quasi-public agency project, where any such 582
710		-	contract is valued at fifty thousand dollars or more for any year of the 583
711		-	contract, shall provide such awarding agency, or in the case of a 584
712		-	municipal public works or quasi-public agency project contract, the 585
713		-	Commission on Human Rights and Opportunities, with any of the 586
714		-	following: 587
715		-	(A) Documentation in the form of a company or corporate policy 588
716		-	adopted by resolution of the board of directors, shareholders, 589
717		-	managers, members or other governing body of such contractor that 590
718		-	complies with the nondiscrimination agreement and warranty under 591
719		-	subdivision (1) of subsection (a) of this section; 592
720		-	(B) Documentation in the form of a company or corporate policy 593
721		-	adopted by a prior resolution of the board of directors, shareholders, 594
722		-	managers, members or other governing body of such contractor if (i) 595
723		-	the prior resolution is certified by a duly authorized corporate officer 596
724		-	of such contractor to be in effect on the date the documentation is 597
725		-	submitted, and (ii) the head of the awarding agency, or a designee, or 598
726		-	in the case of a municipal public works or quasi-public agency project 599
727		-	contract, the executive director of the Commission on Human Rights 600
728		-	and Opportunities or a designee, certifies that the prior resolution 601
729		-	complies with the nondiscrimination agreement and warranty under 602 Substitute Bill No. 7385
730		-
731		-
732		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
733		-	R01-HB.docx }
734		-	20 of 22
735		-
736		-	subdivision (1) of subsection (a) of this section; or 603
737		-	(C) Documentation in the form of an affidavit signed under penalty 604
738		-	of false statement by a chief executive officer, president, chairperson or 605
739		-	other corporate officer duly authorized to adopt company or corporate 606
740		-	policy that certifies that the company or corporate policy of the 607
741		-	contractor complies with the nondiscrimination agreement and 608
742		-	warranty under subdivision (1) of subsection (a) of this section and is 609
743		-	in effect on the date the affidavit is signed.] 610
744		-	[(3)] (2) No awarding agency, or in the case of a municipal public 611
745		-	works contract, no municipality, or in the case of a quasi-public agency 612
746		-	project contract, no entity, shall award a contract to a contractor who 613
747		-	has not [provided the representation or documentation] included the 614
748		-	nondiscrimination affirmation provision in the contract and 615
749		-	demonstrated its understanding of such provision as required under 616
750		-	[subdivisions (1) and (2)] subdivision (1) of this subsection. [, as 617
751		-	applicable. After the initial submission of such representation or 618
752		-	documentation, the contractor shall not be required to resubmit such 619
753		-	representation or documentation unless there is a change in the 620
754		-	information contained in such representation or documentation. If 621
755		-	there is any change in the information contained in the most recently 622
756		-	filed representation or updated documentation, the contractor shall 623
757		-	submit an updated representation or documentation, as applicable, 624
758		-	either (A) not later than thirty days after the effective date of such 625
759		-	change, or (B) upon the execution of a new contract with the awarding 626
760		-	agency, municipality, or entity, as applicable, whichever is earlier. 627
761		-	Such contractor shall also certify, in accordance with subparagraph (B) 628
762		-	or (C) of subdivision (2) of this subsection, to the awarding agency or 629
763		-	commission, as applicable, not later than fourteen days after the 630
764		-	twelve-month anniversary of the most recently filed representation, 631
765		-	documentation or updated representation or documentation, that the 632
766		-	representation on file with the awarding agency or commission, as 633
767		-	applicable, is current and accurate.] 634
768		-	(c) For the purposes of this section, "contract" includes any 635 Substitute Bill No. 7385
769		-
770		-
771		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
772		-	R01-HB.docx }
773		-	21 of 22
774		-
775		-	extension or modification of the contract, and "contractor" includes any 636
776		-	successors or assigns of the contractor. For the purposes of this section, 637
777		-	"contract" does not include a contract where each contractor is (1) a 638
778		-	political subdivision of the state, including, but not limited to, a 639
779		-	municipality, unless the contract is a municipal public works contract 640
780		-	or quasi-public agency project contract, (2) any other state, as defined 641
781		-	in section 1-267, (3) the federal government, (4) a foreign government, 642
782		-	or (5) an agency of a subdivision, state or government described in 643
783		-	subdivision (1), (2), (3) or (4) of this subsection. 644
784		-	(d) The contractor shall include the provisions of subsection (a) of 645
785		-	this section in every subcontract or purchase order entered into in 646
786		-	order to fulfill any obligation of a contract with the state, and in every 647
787		-	subcontract entered into in order to fulfill any obligation of a 648
788		-	municipal public works contractor contract for a quasi-public agency 649
789		-	project, and such provisions shall be binding on a subcontractor, 650
790		-	vendor or manufacturer unless exempted by regulations or orders of 651
791		-	the Commission on Human Rights and Opportunities. The contractor 652
792		-	shall take such action with respect to any such subcontract or purchase 653
793		-	order as the commission may direct as a means of enforcing such 654
794		-	provisions, including sanctions for noncompliance in accordance with 655
795		-	section 46a-56; provided, if such contractor becomes involved in, or is 656
796		-	threatened with, litigation with a subcontractor or vendor as a result of 657
797		-	such direction by the commission regarding a state contract, the 658
798		-	contractor may request the state of Connecticut to enter into any such 659
799		-	litigation or negotiation prior thereto to protect the interests of the 660
800		-	state and the state may so enter. 661
	531	+	jurisdiction of the Board of Regents for Higher Education or by the 436
	532	+	chief executive officer of The University of Connecticut, the chief 437
	533	+	executive officer shall require such contract to either (1) comply with 438
	534	+	the provisions of [subsection (c) of section 4a-60, and] subsection (b) of 439
	535	+	section 4a-60a, and set forth the full text of subdivisions (1) to (5), 440
	536	+	inclusive, of subsection (a) of section 4a-60, as amended by this act, 441
	537	+	and subdivisions (1) to (4), inclusive, of subsection (a) of section 4a-60a, 442
	538	+	or (2) set forth the following affirmation: "Each party agrees, as 443
	539	+	required by sections 4a-60, as amended by this act, and 4a-60a of the 444
	540	+	Connecticut General Statutes, not to discriminate against any person 445
	541	+	on the basis of race, color, religious creed, age, marital status, national 446
	542	+	origin, ancestry, sex, gender identity or expression, sexual orientation, 447
	543	+	intellectual disability, mental disability or physical disability, 448
	544	+	including, but not limited to, blindness, unless it is shown by such 449
	545	+	party that such disability prevents performance of the work involved. 450
	546	+	Each party agrees to comply with all applicable federal and state of 451
	547	+	Connecticut nondiscrimination and affirmative action laws, including, 452
	548	+	but not limited to, sections 4a-60, as amended by this act, and 4a-60a of 453
	549	+	the Connecticut General Statutes.". 454
801	550		This act shall take effect as follows and shall amend the following
802	551		sections:
803	552
804	553		Section 1 July 1, 2019 1-101qq
805	554		Sec. 2 July 1, 2019 4-252
806	555		Sec. 3 July 1, 2019 4-252a
807	556		Sec. 4 July 1, 2019 4a-81
808		-	Sec. 5 July 1, 2019 9-612(f)(2) Substitute Bill No. 7385
	557	+	Sec. 5 July 1, 2019 9-612(f)(2)(E)
	558	+	Sec. 6 July 1, 2019 4a-60
	559	+	Sec. 7 July 1, 2019 10a-151i
	560	+
	561	+	Statement of Purpose:
	562	+	To modify requirements for the affirmations, certifications and
	563	+	affidavits contractors are required to submit for large state contracts
	564	+	concerning, ethics laws, investment restrictions, consulting agreements
	565	+	and state contractor contribution and solicitation prohibitions. Raised Bill No. 7385
809	566
810	567
811		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07385-
812		-	R01-HB.docx }
813		-	22 of 22
814	568
815		-	Sec. 6 July 1, 2019 4a-60
816		-	Sec. 7 July 1, 2019 4a-60a
	569	+	LCO No. 6372 16 of 16
817	570
818		-	Statement of Legislative Commissioners:
819		-	In Section 5(f)(2)(F)(ii), "section" was changed to "subparagraph" for
820		-	accuracy, and Section 7(b)(2) was rewritten for consistency with the
821		-	provisions of Section 6(c)(2) and Section 7(b)(1).
822		-
823		-	GAE Joint Favorable Subst.
	571	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	572	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	573	+	not underlined.]
824	574