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3 | 3 | | LCO No. 2798 1 of 4 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 480 |
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6 | 6 | | February Session, 2020 |
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7 | 7 | | LCO No. 2798 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on GOVERNMENT ADMINISTRATION |
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11 | 11 | | AND ELECTIONS |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (GAE) |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT CONCERNING PU BLIC PRIVATE PARTNER SHIPS AND |
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21 | 21 | | PRIVATIZATION OF STATE SERVICES AT THE UNIVERSITY OF |
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22 | 22 | | CONNECTICUT HEALTH C ENTER. |
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23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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24 | 24 | | Assembly convened: |
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25 | 25 | | |
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26 | 26 | | Section 1. (NEW) (Effective July 1, 2020) (a) As used in this subsection, 1 |
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27 | 27 | | (1) "Costs" means all reasonable, relevant and verifiable expenses, 2 |
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28 | 28 | | including salary, materials, supplies, services, equipment, capital 3 |
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29 | 29 | | depreciation, rent, maintenance, repairs, utilities, insurance, travel, 4 |
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30 | 30 | | overhead, interim and final payments and the normal cost of fringe 5 |
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31 | 31 | | benefits, as calculated by the Comptroller; (2) "normal cost of fringe 6 |
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32 | 32 | | benefits" means the amount of contributions required to fund the fringe 7 |
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33 | 33 | | benefits allocated to the current year of service; (3) "privatization 8 |
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34 | 34 | | contract" means an agreement or series of agreements between The 9 |
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35 | 35 | | University of Connecticut Health Center and a person or entity in which 10 |
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36 | 36 | | such person or entity agrees to provide services that are substantially 11 |
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37 | 37 | | similar to and in lieu of services provided, in whole or in part, by The 12 |
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38 | 38 | | University of Connecticut Health Center employees; (4) "public-private 13 |
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39 | 39 | | partnership" means the relationship established between The University 14 Raised Bill No. 480 |
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42 | 42 | | |
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43 | 43 | | LCO No. 2798 2 of 4 |
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44 | 44 | | |
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45 | 45 | | of Connecticut and a private entity by contracting for the performance 15 |
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46 | 46 | | of any combination of specified functions or responsibilities currently 16 |
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47 | 47 | | performed by The University of Connecticut Health Center; and (5) 17 |
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48 | 48 | | "savings" means the difference between the current annual direct and 18 |
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49 | 49 | | indirect costs of providing such services and the projected, annual direct 19 |
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50 | 50 | | and indirect costs of contracting to provide such services in any 20 |
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51 | 51 | | succeeding state fiscal year during the term of such proposed 21 |
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52 | 52 | | privatization contract. 22 |
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53 | 53 | | (b) (1) In lieu of complying with the provisions of section 4e-16 of the 23 |
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54 | 54 | | general statutes, The University of Connecticut Health Center shall 24 |
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55 | 55 | | obtain the approval of the General Assembly under this section prior to 25 |
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56 | 56 | | soliciting bids or issuing a request for proposals for any proposed 26 |
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57 | 57 | | privatization contract or public-private partnership contract that is 27 |
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58 | 58 | | estimated to cost in excess of one million dollars annually. The 28 |
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59 | 59 | | University of Connecticut Health Center shall submit (A) any such bid 29 |
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60 | 60 | | solicitation or request for proposals to the clerks of the House of 30 |
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61 | 61 | | Representatives and Senate, and (B) a copy of such solicitation or 31 |
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62 | 62 | | request for proposals to the joint standing committees of the General 32 |
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63 | 63 | | Assembly having cognizance of matters relating to higher education 33 |
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64 | 64 | | and government administration, in accordance with the provisions of 34 |
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65 | 65 | | section 11-4a of the general statutes. As part of such submission, the 35 |
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66 | 66 | | chief executive officer of The University Health Center shall certify that, 36 |
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67 | 67 | | based on the data and information, all projected costs, savings and 37 |
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68 | 68 | | benefits are valid and achievable. 38 |
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69 | 69 | | (2) The General Assembly shall approve such bid solicitation or 39 |
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70 | 70 | | request for proposals as a whole by a majority vote of each house or may 40 |
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71 | 71 | | reject such bid solicitation or request for proposals as a whole by a 41 |
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72 | 72 | | majority vote of either house. If the General Assembly is in session, it 42 |
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73 | 73 | | shall vote to approve or reject such bid solicitation or request for 43 |
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74 | 74 | | proposals not later than thirty days after The University of Connecticut 44 |
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75 | 75 | | Health Center files such contract with the General Assembly. If the 45 |
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76 | 76 | | General Assembly is not in session when such bid solicitation or request 46 |
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77 | 77 | | for proposals is filed, it shall be submitted to the General Assembly not 47 |
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78 | 78 | | later than ten days after the first day of the next regular session or special 48 Raised Bill No. 480 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | |
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82 | 82 | | LCO No. 2798 3 of 4 |
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83 | 83 | | |
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84 | 84 | | session called for such purpose. Such thirty-day period shall not begin 49 |
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85 | 85 | | or expire unless the General Assembly is in regular session. For the 50 |
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86 | 86 | | purposes of this subsection, any bid solicitation or request for proposals 51 |
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87 | 87 | | filed with the clerks of the House of Representatives and Senate within 52 |
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88 | 88 | | thirty days before the commencement of a regular session of the General 53 |
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89 | 89 | | Assembly shall be deemed to be filed on the first day of such session. 54 |
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90 | 90 | | (c) The submission of any proposed bid solicitation or request for 55 |
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91 | 91 | | proposals by a state contracting agency in accordance with subsection 56 |
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92 | 92 | | (b) of this section shall be deemed to satisfy all requirements of 57 |
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93 | 93 | | subsections (c) and (d) of section 4e-16 of the general statutes. 58 |
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94 | 94 | | Sec. 2. Subdivision (28) of section 4e-1 of the general statutes is 59 |
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95 | 95 | | repealed and the following is substituted in lieu thereof (Effective July 1, 60 |
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96 | 96 | | 2020): 61 |
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97 | 97 | | (28) "State contracting agency" means any executive branch agency, 62 |
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98 | 98 | | board, commission, department, office, institution or council. "State 63 |
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99 | 99 | | contracting agency" does not include the judicial branch, the legislative 64 |
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100 | 100 | | branch, the offices of the Secretary of the State, the State Comptroller, 65 |
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101 | 101 | | the Attorney General, the State Treasurer, with respect to their 66 |
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102 | 102 | | constitutional functions, any state agency with respect to contracts 67 |
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103 | 103 | | specific to the constitutional and statutory functions of the office of the 68 |
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104 | 104 | | State Treasurer. For the purposes of section 4e-16, "state contracting 69 |
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105 | 105 | | agency" includes any constituent unit of the state system of higher 70 |
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106 | 106 | | education, [and] for the purposes of section 4e-19, "state contracting 71 |
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107 | 107 | | agency" includes the State Education Resource Center, established 72 |
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108 | 108 | | under section 10-4q and for the purposes of section 1 of this act, "state 73 |
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109 | 109 | | contracting agency" includes The University of Connecticut Health 74 |
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110 | 110 | | Center; 75 |
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111 | 111 | | This act shall take effect as follows and shall amend the following |
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112 | 112 | | sections: |
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113 | 113 | | |
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114 | 114 | | Section 1 July 1, 2020 New section |
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115 | 115 | | Sec. 2 July 1, 2020 4e-1(28) |
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116 | 116 | | Raised Bill No. 480 |
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118 | 118 | | |
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119 | 119 | | |
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120 | 120 | | LCO No. 2798 4 of 4 |
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121 | 121 | | |
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122 | 122 | | Statement of Purpose: |
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123 | 123 | | To require The University of Connecticut Health Center to obtain the |
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124 | 124 | | approval of the General Assembly prior to soliciting bids or a request |
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125 | 125 | | for proposals for a privatization or public-private partnership contract. |
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126 | 126 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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127 | 127 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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128 | 128 | | underlined.] |
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129 | 129 | | |
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