Substitute Senate Bill No. 857
Public Act No. 19-94
AN ACT CONCERNING EX PEDITED APPROVAL OF AFFIRMATIVE
ACTION PLANS SUBMITT ED BY CONTRACTORS TO THE
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.
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 Section 46a-68c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
In addition to the provisions of section 4a-60, each contractor with
fifty or more employees awarded a public works contract, municipal
public works contract or contract for a quasi-public agency project in
excess of fifty thousand dollars in any fiscal year, but not subject to the
provisions of section 46a-68d, as amended by this act, shall develop
and file with the Commission on Human Rights and Opportunities an
affirmative action plan which shall comply with regulations adopted
by the commission. The executive director or the executive director's
designee shall review and formally approve, conditionally approve or
disapprove the content of the affirmative action plan not later than one
hundred twenty days following the date of the submission of the plan
to the commission. If the executive director or the executive director's
designee fails to approve, conditionally approve or disapprove a plan
within such one-hundred-twenty-day period, the plan shall be deemed
to be either approved or deficient without consequence. The executive Substitute Senate Bill No. 857
Public Act No. 19-94 2 of 3
director or the executive director's designee shall, not later than fifteen
days after the date of deeming an affirmative action plan approved or
deficient without consequence, provide the contractor with written
notification of the action taken with respect to such plan. Failure to
develop an approved affirmative action plan pursuant to this section
shall act as a bar to bidding on or the award of future contracts until
such requirement has been met. When the [commission] executive
director or the executive director's designee approves an affirmative
action plan pursuant to this section, [it] the executive director or the
executive director's designee shall issue a certificate of compliance to
the contractor. [This] Such certificate shall be prima facie proof of the
contractor's eligibility to bid or be awarded contracts for a period of
two years from the date of the certificate. Such certificate shall not
excuse the contractor from monitoring by the commission or from the
reporting and record-keeping requirements of sections 46a-68e and
46a-68f. The [commission] executive director or the executive director's
designee may revoke the certificate of a contractor if the contractor
does not implement its affirmative action plan in compliance with this
section and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, as
amended by this act, and 46a-68e to 46a-68k, inclusive.
Sec. 2. Section 46a-68d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
In addition to the provisions of section 4a-60, every public works
contract, municipal public works contract or contract for a quasi-public
agency project subject to the provisions of part II of chapter 60 shall
also be subject to the provisions of this section. After a bid has been
accepted but before a contract is awarded, the successful bidder shall
file with and have obtained the approval of the [commission] executive
director or the executive director's designee for an affirmative action
plan. The [commission] executive director or the executive director's
designee may provide for conditional acceptance of an affirmative Substitute Senate Bill No. 857
Public Act No. 19-94 3 of 3
action plan provided written assurances are given by the contractor
that it will amend its plan to conform to affirmative action
requirements. In the case of a public works contract, the state shall
withhold two per cent of the total contract price per month from any
payment made to such contractor until such time as the contractor has
developed an affirmative action plan, and received the approval of the
[commission] executive director or the executive director's designee. In
the case of a municipal public works contract or contract for a quasi-
public agency project, the municipality or entity, as applicable, shall
withhold two per cent of the total contract price per month from any
payment made to such contractor until such time as the contractor has
developed an affirmative action plan and received the approval of the
commission. Notwithstanding the provisions of this section, a
contractor subject to the provisions of this section may file a plan in
advance of or at the same time as its bid. The [commission] executive
director or the executive director's designee shall review plans
submitted pursuant to this section within sixty days of receipt and
either approve, approve with conditions or reject such plan. When the
[commission] executive director or the executive director's designee
approves an affirmative action plan pursuant to this section, [it] the
executive director or the executive director's designee shall issue a
certificate of compliance to the contractor as provided in section 46a-
68c, as amended by this act.