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General Assembly Substitute Bill No. 857
January Session, 2019
AN ACT CONCERNING EX PEDITED APPROVAL OF AFFIRMATIVE
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 Section 46a-68c of the general statutes is repealed and the 1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
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 designee shall, not later than fifteen 18 Substitute Bill No. 857
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days after the date of deeming an affirmative action plan approved or 19
deficient without consequence, provide the contractor with written 20
notification of the action taken with respect to such plan. Failure to 21
develop an approved affirmative action plan pursuant to this section 22
shall act as a bar to bidding on or the award of future contracts until 23
such requirement has been met. When the [commission] executive 24
director or the executive director's designee approves an affirmative 25
action plan pursuant to this section, [it] the executive director or the 26
executive director's designee shall issue a certificate of compliance to 27
the contractor. [This] Such certificate shall be prima facie proof of the 28
contractor's eligibility to bid or be awarded contracts for a period of 29
two years from the date of the certificate. Such certificate shall not 30
excuse the contractor from monitoring by the commission or from the 31
reporting and record-keeping requirements of sections 46a-68e and 32
46a-68f. The [commission] executive director or the executive director's 33
designee may revoke the certificate of a contractor if the contractor 34
does not implement its affirmative action plan in compliance with this 35
section and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, as 36
amended by this act, and 46a-68e to 46a-68k, inclusive. 37
Sec. 2. Section 46a-68d of the general statutes is repealed and the 38
following is substituted in lieu thereof (Effective October 1, 2019): 39
In addition to the provisions of section 4a-60, every public works 40
contract, municipal public works contract or contract for a quasi-public 41
agency project subject to the provisions of part II of chapter 60 shall 42
also be subject to the provisions of this section. After a bid has been 43
accepted but before a contract is awarded, the successful bidder shall 44
file with and have obtained the approval of the [commission] executive 45
director or the executive director's designee for an affirmative action 46
plan. The [commission] executive director or the executive director's 47
designee may provide for conditional acceptance of an affirmative 48
action plan provided written assurances are given by the contractor 49
that it will amend its plan to conform to affirmative action 50
requirements. In the case of a public works contract, the state shall 51 Substitute Bill No. 857
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withhold two per cent of the total contract price per month from any 52
payment made to such contractor until such time as the contractor has 53
developed an affirmative action plan, and received the approval of the 54
[commission] executive director or the executive director's designee. In 55
the case of a municipal public works contract or contract for a quasi-56
public agency project, the municipality or entity, as applicable, shall 57
withhold two per cent of the total contract price per month from any 58
payment made to such contractor until such time as the contractor has 59
developed an affirmative action plan and received the approval of the 60
commission. Notwithstanding the provisions of this section, a 61
contractor subject to the provisions of this section may file a plan in 62
advance of or at the same time as its bid. The [commission] executive 63
director or the executive director's designee shall review plans 64
submitted pursuant to this section within sixty days of receipt and 65
either approve, approve with conditions or reject such plan. When the 66
[commission] executive director or the executive director's designee 67
approves an affirmative action plan pursuant to this section, [it] the 68
executive director or the executive director's designee shall issue a 69
certificate of compliance to the contractor as provided in section 46a-70
68c, as amended by this act. 71
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 Legislative Commissioners:
In Section 2, "the" was inserted before "executive director" for proper
grammar.
JUD Joint Favorable Subst. -LCO