Connecticut 2019 Regular Session

Connecticut Senate Bill SB01081 Compare Versions

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Version 2 (New)

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4		-	SB.docx
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7		-	General Assembly ~~Substitute~~ Bill No. 1081
	5	+	General Assembly Raised Bill No. 1081
8	6		January Session, 2019
	7	+	LCO No. 5993
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	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
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	12	+
	13	+	Introduced by:
	14	+	(PD)
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14	19		AN ACT CONCERNING MU NICIPAL SET-ASIDE REQUIREMENTS.
15	20		Be it enacted by the Senate and House of Representatives in General
16	21		Assembly convened:
17	22
18	23		Section 1. Subdivision (14) of subsection (a) of section 4a-60g of the 1
19	24		general statutes is repealed and the following is substituted in lieu 2
20	25		thereof (Effective October 1, 2019): 3
21	26		(14) "Municipal public works contract" means that portion of an 4
22	27		agreement entered into on or after October 1, [2015] 2019, between any 5
23	28		individual, firm or corporation and a municipality for the construction, 6
24	29		rehabilitation, conversion, extension, demolition or repair of a public 7
25	30		building, highway or other changes or improvements in real property, 8
26	31		which is financed in whole or in part by the state, including, but not 9
27	32		limited to, matching expenditures, grants, loans, insurance or 10
28	33		guarantees, [but excluding any project of an alliance district, as defined 11
29	34		in section 10-262u, financed by state funding in an amount equal to 12
30	35		fifty thousand dollars or less] in an amount greater than five hundred 13
31	36		thousand dollars. 14
32		-	Sec. 2. Subsection (h) of section 4a-60g of the general statutes is 15
	37	+	Sec. 2. Subsection (h) of section 4a-60g of the general statutes is 15 Raised Bill No. 1081
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33	43		repealed and the following is substituted in lieu thereof (Effective 16
34	44		October 1, 2019): 17
35		-	(h) The provisions of this section shall not apply to (1) any awarding 18 Substitute Bill No. 1081
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	45	+	(h) The provisions of this section shall not apply to (1) any awarding 18
42	46		agency for which the total value of all contracts or portions of contracts 19
43	47		of the types enumerated in subdivision (2) of subsection (b) of this 20
44	48		section is anticipated to be equal to ten thousand dollars or less, or (2) 21
45	49		any [municipal public works contract or] contract for a quasi-public 22
46	50		agency project for which the total value of the contract is anticipated to 23
47	51		be equal to fifty thousand dollars or less. 24
48	52		Sec. 3. Section 46a-68c of the general statutes is repealed and the 25
49	53		following is substituted in lieu thereof (Effective October 1, 2019): 26
50	54		In addition to the provisions of section 4a-60, each contractor with 27
51	55		fifty or more employees awarded either a public works contract [, 28
52	56		municipal public works contract] or contract for a quasi-public agency 29
53	57		project in excess of fifty thousand dollars, or a municipal public works 30
54		-	contract, in any fiscal year, but not subject to the provisions of section 31
55		-	46a-68d, shall develop and file with the Commission on Human Rights 32
56		-	and Opportunities an affirmative action plan which shall comply with 33
57		-	regulations adopted by the commission. Failure to develop an 34
58		-	approved affirmative action plan pursuant to this section shall act as a 35
59		-	bar to bidding on or the award of future contracts until such 36
60		-	requirement has been met. When the commission approves an 37
61		-	affirmative action plan pursuant to this section, it shall issue a 38
62		-	certificate of compliance to the contractor. This certificate shall be 39
63		-	prima facie proof of the contractor's eligibility to bid or be awarded 40
64		-	contracts for a period of two years from the date of the certificate. Such 41
65		-	certificate shall not excuse the contractor from monitoring by the 42
66		-	commission or from the reporting and record-keeping requirements of 43
67		-	sections 46a-68e and 46a-68f. The commission may revoke the 44
68		-	certificate of a contractor if the contractor does not implement its 45
69		-	affirmative action plan in compliance with this section and sections 4a-46
70		-	60, 4a-60g, as amended by this act, 4a-62, 46a-56, 46a-68b, 46a-68d, and 47
71		-	46a-68e to 46a-68k, inclusive. 48
	58	+	contract in excess of five hundred thousand dollars, in any fiscal year, 31
	59	+	but not subject to the provisions of section 46a-68d, shall develop and 32
	60	+	file with the Commission on Human Rights and Opport unities an 33
	61	+	affirmative action plan which shall comply with regulations adopted 34
	62	+	by the commission. Failure to develop an approved affirmative action 35
	63	+	plan pursuant to this section shall act as a bar to bidding on or the 36
	64	+	award of future contracts until such requirement has been met. When 37
	65	+	the commission approves an affirmative action plan pursuant to this 38
	66	+	section, it shall issue a certificate of compliance to the contractor. This 39
	67	+	certificate shall be prima facie proof of the contractor's eligibility to bid 40
	68	+	or be awarded contracts for a period of two years from the date of the 41
	69	+	certificate. Such certificate shall not excuse the contractor from 42
	70	+	monitoring by the commission or from the reporting and record-43
	71	+	keeping requirements of sections 46a-68e and 46a-68f. The commission 44
	72	+	may revoke the certificate of a contractor if the contractor does not 45
	73	+	implement its affirmative action plan in compliance with this section 46
	74	+	and sections 4a-60, as amended by this act, 4a-60g, 4a-62, 46a-56, 46a-47
	75	+	68b, 46a-68d, and 46a-68e to 46a-68k, inclusive. 48 Raised Bill No. 1081
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72	81		This act shall take effect as follows and shall amend the following
73	82		sections:
74		-	Substitute Bill No. 1081
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81	84		Section 1 October 1, 2019 4a-60g(a)(14)
82	85		Sec. 2 October 1, 2019 4a-60g(h)
83	86		Sec. 3 October 1, 2019 46a-68c
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85		-	Statement of Legislative Commissioners:
86		-	In Sec. 3, "in excess of five hundred thousand dollars" was deleted for
87		-	clarity and to avoid repetition, and "as amended by this act," was
88		-	moved for accuracy.
89		-
90		-	PD Joint Favorable Subst. -LCO
	88	+	Statement of Purpose:
	89	+	To exclude municipal public works contracts financed by five hundred
	90	+	thousand dollars or less of state funding from set-aside and affirmative
	91	+	action plan requirements.
	92	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	93	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	94	+	not underlined.]
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