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General Assembly Raised Bill No. 857
January Session, 2019
LCO No. 4040
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING EX PEDITED APPROVAL OF AFFIRMAT IVE
ACTION PLANS SUBMITT ED BY CONTRACTORS TO THE
COMMISSION ON HUMAN RIGHTS AND OPPORTUNI TIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-68c of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
In addition to the provisions of section 4a-60, each contractor with 3
fifty or more employees awarded a public works contract, municipal 4
public works contract or contract for a quasi-public agency project in 5
excess of fifty thousand dollars in any fiscal year, but not subject to the 6
provisions of section 46a-68d, as amended by this act, shall develop 7
and file with the Commission on Human Rights and Opportunities an 8
affirmative action plan which shall comply with regulations adopted 9
by the commission. The executive director or the executive director's 10
designee shall review and formally approve, conditionally approve or 11
disapprove the content of the affirmative action plan not later than one 12
hundred twenty days following the date of the submission of the plan 13
to the commission. If the executive director or the executive director's 14 Raised Bill No. 857
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designee fails to approve, conditionally approve or disapprove a plan 15
within such one-hundred-twenty-day period, the plan shall be deemed 16
to be either approved or deficient without consequence. The executive 17
director or the executive director's designees shall, not later than 18
fifteen days after the date of deeming an affirmative action plan 19
approved or deficient without consequence, provide the contractor 20
with written notification of the action taken with respect to such plan. 21
Failure to develop an approved affirmative action plan pursuant to 22
this section shall act as a bar to bidding on or the award of future 23
contracts until such requirement has been met. When the [commission] 24
executive director or the executive director's designee approves an 25
affirmative action plan pursuant to this section, [it] the executive 26
director or the executive director's designee shall issue a certificate of 27
compliance to the contractor. [This] Such certificate shall be prima facie 28
proof of the contractor's eligibility to bid or be awarded contracts for a 29
period of two years from the date of the certificate. Such certificate 30
shall not excuse the contractor from monitoring by the commission or 31
from the reporting and record-keeping requirements of sections 46a-32
68e and 46a-68f. The [commission] executive director or the executive 33
director's designee may revoke the certificate of a contractor if the 34
contractor does not implement its affirmative action plan in 35
compliance with this section and sections 4a-60, 4a-60g, 4a-62, 46a-56, 36
46a-68b, 46a-68d, as amended by this act, and 46a-68e to 46a-68k, 37
inclusive. 38
Sec. 2. Section 46a-68d of the general statutes is repealed and the 39
following is substituted in lieu thereof (Effective October 1, 2019): 40
In addition to the provisions of section 4a-60, every public works 41
contract, municipal public works contract or contract for a quasi-public 42
agency project subject to the provisions of part II of chapter 60 shall 43
also be subject to the provisions of this section. After a bid has been 44
accepted but before a contract is awarded, the successful bidder shall 45
file with and have obtained the approval of the [commission] executive 46
director or the executive director's designee for an affirmative action 47
plan. The [commission] executive director or the executive director's 48 Raised Bill No. 857
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designee may provide for conditional acceptance of an affirmative 49
action plan provided written assurances are given by the contractor 50
that it will amend its plan to conform to affirmative action 51
requirements. In the case of a public works contract, the state shall 52
withhold two per cent of the total contract price per month from any 53
payment made to such contractor until such time as the contractor has 54
developed an affirmative action plan, and received the approval of the 55
[commission] executive director or the executive director's designee. In 56
the case of a municipal public works contract or contract for a quasi-57
public agency project, the municipality or entity, as applicable, shall 58
withhold two per cent of the total contract price per month from any 59
payment made to such contractor until such time as the contractor has 60
developed an affirmative action plan and received the approval of the 61
commission. Notwithstanding the provisions of this section, a 62
contractor subject to the provisions of this section may file a plan in 63
advance of or at the same time as its bid. The [commission] executive 64
director or the executive director's designee shall review plans 65
submitted pursuant to this section within sixty days of receipt and 66
either approve, approve with conditions or reject such plan. When the 67
[commission] executive director or the executive director's designee 68
approves an affirmative action plan pursuant to this section, [it] 69
executive director or the executive director's designee shall issue a 70
certificate of compliance to the contractor as provided in section 46a-71
68c, as amended by this act. 72
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 46a-68c
Sec. 2 October 1, 2019 46a-68d
Statement of Purpose:
To establish an expedited review of affirmative action plans submitted
by contractors to the Commission on Human Rights and
Opportunities. Raised Bill No. 857
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[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.]