Connecticut 2019 Regular Session

Connecticut Senate Bill SB00857 Compare Versions

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	7	+	General Assembly Substitute Bill No. 857
	8	+	January Session, 2019
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4		-	Substitute Senate Bill No. 857
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6		-	Public Act No. 19-94
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9	14		AN ACT CONCERNING EX PEDITED APPROVAL OF AFFIRMATIVE
10	15		ACTION PLANS SUBMITT ED BY CONTRACTORS TO THE
11	16		COMMISSION ON HUMAN RIGHTS AND OPPORTUNI TIES.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. Section 46a-68c of the general statutes is repealed and the
16		-	following is substituted in lieu thereof (Effective October 1, 2019):
17		-	In addition to the provisions of section 4a-60, each contractor with
18		-	fifty or more employees awarded a public works contract, municipal
19		-	public works contract or contract for a quasi-public agency project in
20		-	excess of fifty thousand dollars in any fiscal year, but not subject to the
21		-	provisions of section 46a-68d, as amended by this act, shall develop
22		-	and file with the Commission on Human Rights and Opportunities an
23		-	affirmative action plan which shall comply with regulations adopted
24		-	by the commission. The executive director or the executive director's
25		-	designee shall review and formally approve, conditionally approve or
26		-	disapprove the content of the affirmative action plan not later than one
27		-	hundred twenty days following the date of the submission of the plan
28		-	to the commission. If the executive director or the executive director's
29		-	designee fails to approve, conditionally approve or disapprove a plan
30		-	within such one-hundred-twenty-day period, the plan shall be deemed
31		-	to be either approved or deficient without consequence. The executive Substitute Senate Bill No. 857
	20	+	Section 1. Section 46a-68c of the general statutes is repealed and the 1
	21	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	22	+	In addition to the provisions of section 4a-60, each contractor with 3
	23	+	fifty or more employees awarded a public works contract, municipal 4
	24	+	public works contract or contract for a quasi-public agency project in 5
	25	+	excess of fifty thousand dollars in any fiscal year, but not subject to the 6
	26	+	provisions of section 46a-68d, as amended by this act, shall develop 7
	27	+	and file with the Commission on Human Rights and Opportunities an 8
	28	+	affirmative action plan which shall comply with regulations adopted 9
	29	+	by the commission. The executive director or the executive director's 10
	30	+	designee shall review and formally approve, conditionally approve or 11
	31	+	disapprove the content of the affirmative action plan not later than one 12
	32	+	hundred twenty days following the date of the submission of the plan 13
	33	+	to the commission. If the executive director or the executive director's 14
	34	+	designee fails to approve, conditionally approve or disapprove a plan 15
	35	+	within such one-hundred-twenty-day period, the plan shall be deemed 16
	36	+	to be either approved or deficient without consequence. The executive 17
	37	+	director or the executive director's designee shall, not later than fifteen 18 Substitute Bill No. 857
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33		-	Public Act No. 19-94 2 of 3
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35		-	director or the executive director's designee shall, not later than fifteen
36		-	days after the date of deeming an affirmative action plan approved or
37		-	deficient without consequence, provide the contractor with written
38		-	notification of the action taken with respect to such plan. Failure to
39		-	develop an approved affirmative action plan pursuant to this section
40		-	shall act as a bar to bidding on or the award of future contracts until
41		-	such requirement has been met. When the [commission] executive
42		-	director or the executive director's designee approves an affirmative
43		-	action plan pursuant to this section, [it] the executive director or the
44		-	executive director's designee shall issue a certificate of compliance to
45		-	the contractor. [This] Such certificate shall be prima facie proof of the
46		-	contractor's eligibility to bid or be awarded contracts for a period of
47		-	two years from the date of the certificate. Such certificate shall not
48		-	excuse the contractor from monitoring by the commission or from the
49		-	reporting and record-keeping requirements of sections 46a-68e and
50		-	46a-68f. The [commission] executive director or the executive director's
51		-	designee may revoke the certificate of a contractor if the contractor
52		-	does not implement its affirmative action plan in compliance with this
53		-	section and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, as
54		-	amended by this act, and 46a-68e to 46a-68k, inclusive.
55		-	Sec. 2. Section 46a-68d of the general statutes is repealed and the
56		-	following is substituted in lieu thereof (Effective October 1, 2019):
57		-	In addition to the provisions of section 4a-60, every public works
58		-	contract, municipal public works contract or contract for a quasi-public
59		-	agency project subject to the provisions of part II of chapter 60 shall
60		-	also be subject to the provisions of this section. After a bid has been
61		-	accepted but before a contract is awarded, the successful bidder shall
62		-	file with and have obtained the approval of the [commission] executive
63		-	director or the executive director's designee for an affirmative action
64		-	plan. The [commission] executive director or the executive director's
65		-	designee may provide for conditional acceptance of an affirmative Substitute Senate Bill No. 857
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67		-	Public Act No. 19-94 3 of 3
	44	+	days after the date of deeming an affirmative action plan approved or 19
	45	+	deficient without consequence, provide the contractor with written 20
	46	+	notification of the action taken with respect to such plan. Failure to 21
	47	+	develop an approved affirmative action plan pursuant to this section 22
	48	+	shall act as a bar to bidding on or the award of future contracts until 23
	49	+	such requirement has been met. When the [commission] executive 24
	50	+	director or the executive director's designee approves an affirmative 25
	51	+	action plan pursuant to this section, [it] the executive director or the 26
	52	+	executive director's designee shall issue a certificate of compliance to 27
	53	+	the contractor. [This] Such certificate shall be prima facie proof of the 28
	54	+	contractor's eligibility to bid or be awarded contracts for a period of 29
	55	+	two years from the date of the certificate. Such certificate shall not 30
	56	+	excuse the contractor from monitoring by the commission or from the 31
	57	+	reporting and record-keeping requirements of sections 46a-68e and 32
	58	+	46a-68f. The [commission] executive director or the executive director's 33
	59	+	designee may revoke the certificate of a contractor if the contractor 34
	60	+	does not implement its affirmative action plan in compliance with this 35
	61	+	section and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, as 36
	62	+	amended by this act, and 46a-68e to 46a-68k, inclusive. 37
	63	+	Sec. 2. Section 46a-68d of the general statutes is repealed and the 38
	64	+	following is substituted in lieu thereof (Effective October 1, 2019): 39
	65	+	In addition to the provisions of section 4a-60, every public works 40
	66	+	contract, municipal public works contract or contract for a quasi-public 41
	67	+	agency project subject to the provisions of part II of chapter 60 shall 42
	68	+	also be subject to the provisions of this section. After a bid has been 43
	69	+	accepted but before a contract is awarded, the successful bidder shall 44
	70	+	file with and have obtained the approval of the [commission] executive 45
	71	+	director or the executive director's designee for an affirmative action 46
	72	+	plan. The [commission] executive director or the executive director's 47
	73	+	designee may provide for conditional acceptance of an affirmative 48
	74	+	action plan provided written assurances are given by the contractor 49
	75	+	that it will amend its plan to conform to affirmative action 50
	76	+	requirements. In the case of a public works contract, the state shall 51 Substitute Bill No. 857
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69		-	action plan provided written assurances are given by the contractor
70		-	that it will amend its plan to conform to affirmative action
71		-	requirements. In the case of a public works contract, the state shall
72		-	withhold two per cent of the total contract price per month from any
73		-	payment made to such contractor until such time as the contractor has
74		-	developed an affirmative action plan, and received the approval of the
75		-	[commission] executive director or the executive director's designee. In
76		-	the case of a municipal public works contract or contract for a quasi-
77		-	public agency project, the municipality or entity, as applicable, shall
78		-	withhold two per cent of the total contract price per month from any
79		-	payment made to such contractor until such time as the contractor has
80		-	developed an affirmative action plan and received the approval of the
81		-	commission. Notwithstanding the provisions of this section, a
82		-	contractor subject to the provisions of this section may file a plan in
83		-	advance of or at the same time as its bid. The [commission] executive
84		-	director or the executive director's designee shall review plans
85		-	submitted pursuant to this section within sixty days of receipt and
86		-	either approve, approve with conditions or reject such plan. When the
87		-	[commission] executive director or the executive director's designee
88		-	approves an affirmative action plan pursuant to this section, [it] the
89		-	executive director or the executive director's designee shall issue a
90		-	certificate of compliance to the contractor as provided in section 46a-
91		-	68c, as amended by this act.
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	83	+	withhold two per cent of the total contract price per month from any 52
	84	+	payment made to such contractor until such time as the contractor has 53
	85	+	developed an affirmative action plan, and received the approval of the 54
	86	+	[commission] executive director or the executive director's designee. In 55
	87	+	the case of a municipal public works contract or contract for a quasi-56
	88	+	public agency project, the municipality or entity, as applicable, shall 57
	89	+	withhold two per cent of the total contract price per month from any 58
	90	+	payment made to such contractor until such time as the contractor has 59
	91	+	developed an affirmative action plan and received the approval of the 60
	92	+	commission. Notwithstanding the provisions of this section, a 61
	93	+	contractor subject to the provisions of this section may file a plan in 62
	94	+	advance of or at the same time as its bid. The [commission] executive 63
	95	+	director or the executive director's designee shall review plans 64
	96	+	submitted pursuant to this section within sixty days of receipt and 65
	97	+	either approve, approve with conditions or reject such plan. When the 66
	98	+	[commission] executive director or the executive director's designee 67
	99	+	approves an affirmative action plan pursuant to this section, [it] the 68
	100	+	executive director or the executive director's designee shall issue a 69
	101	+	certificate of compliance to the contractor as provided in section 46a-70
	102	+	68c, as amended by this act. 71
	103	+	This act shall take effect as follows and shall amend the following
	104	+	sections:
	105	+
	106	+	Section 1 October 1, 2019 46a-68c
	107	+	Sec. 2 October 1, 2019 46a-68d
	108	+
	109	+	Statement of Legislative Commissioners:
	110	+	In Section 2, "the" was inserted before "executive director" for proper
	111	+	grammar.
	112	+
	113	+	JUD Joint Favorable Subst. -LCO
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