Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06444 Introduced / Bill

Filed 02/10/2021

                        
 
 
 
 
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General Assembly  Governor's Bill No. 6444  
January Session, 2021 
LCO No. 3115 
 
 
Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
Request of the Governor Pursuant 
to Joint Rule 9 
  
 
 
 
 
AN ACT CONCERNING TH E MODERNIZATION OF STA TE SERVICES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 1-101qq of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective July 1, 2021): 2 
(a) Except as provided in section 10a-151h, a state agency or 3 
institution or quasi-public agency that is seeking a contractor for a large 4 
state construction or procurement contract shall provide the summary 5 
of state ethics laws developed by the Office of State Ethics pursuant to 6 
section 1-81b to any person seeking a large state construction or 7 
procurement contract. [Such person shall affirm to the agency or 8 
institution, in writing or electronically, (1) receipt of such summary, and 9 
(2) that key employees of such person have read and understand the 10 
summary and agree to comply with the provisions of state ethics law. 11 
After the initial submission of such affirmation, such person shall not be 12 
required to resubmit such affirmation unless there is a change in the 13 
information contained in the affirmation. If there is any change in the 14  Governor's Bill No.  6444 
 
 
 
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information contained in the most recently filed affirmation, such 15 
person shall submit an updated affirmation either (A) not later than 16 
thirty days after the effective date of any such change, or (B) upon the 17 
submittal of any new bid or proposal, whichever is earlier.] No state 18 
agency or institution or quasi-public agency shall [accept a bid or 19 
proposal for] enter into a large state construction or procurement 20 
contract [without such affirmation] unless such contract contains a 21 
representation that the chief executive officer or authorized signatory of 22 
the contract and all key employees of such officer or signatory have read 23 
and understood the summary and agree to comply with the provisions 24 
of state ethics law. 25 
(b) Except as provided in section 10a-151h, prior to entering into a 26 
contract with any subcontractors or consultants, each large state 27 
construction or procurement contractor shall [(1)] provide the summary 28 
of state ethics laws described in subsection (a) of this section to all 29 
subcontractors and consultants. [, and (2) obtain an affirmation from 30 
each subcontractor and consultant that such subcontractor and 31 
consultant has received such summary and key employees of such 32 
subcontractor and consultant have read and understand the summary 33 
and agree to comply with its provisions. The contractor shall provide 34 
such affirmations to the state agency, institution or quasi-public agency 35 
not later than fifteen days after the request of such agency, institution or 36 
quasi-public agency for such affirmation.] Each contract entered into 37 
with a subcontractor or consultant on or after July 1, 2021, shall include 38 
a representation that each subcontractor or consultant and the key 39 
employees of such subcontractor or consultant have read and 40 
understood the summary and agree to comply with the provisions of 41 
state ethics law. Failure to [submit such affirmations in a timely manner] 42 
include such representations in such contracts with subcontractors or 43 
consultants shall be cause for termination of the large state construction 44 
or procurement contract. 45 
(c) Each contract with a contractor, subcontractor or consultant 46 
described in subsection (a) or (b) of this section shall incorporate such 47 
summary by reference as a part of the contract terms.  48  Governor's Bill No.  6444 
 
 
 
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Sec. 2. Section 4-252 of the general statutes is repealed and the 49 
following is substituted in lieu thereof (Effective July 1, 2021): 50 
(a) Except as provided in section 10a-151f, on and after July 1, [2006] 51 
2021, no state agency or quasi-public agency shall execute a large state 52 
contract unless [the state agency or quasi-public agency obtains the 53 
written or electronic certification] such contract contains the 54 
representation described in this section. [Each such certification shall be 55 
sworn as true to the best knowledge and belief of the person signing the 56 
certification, subject to the penalties of false statement. If there is any 57 
change in the information contained in the most recently filed 58 
certification, such person shall submit an updated certification either (1) 59 
not later than thirty days after the effective date of any such change, or 60 
(2) upon the submittal of any new bid or proposal for a large state 61 
contract, whichever is earlier. Such person shall also submit to the state 62 
agency or quasi-public agency an accurate, updated certification not 63 
later than fourteen days after the twelve-month anniversary of the most 64 
recently filed certification or updated certification.] 65 
(b) The official or employee of such state agency or quasi-public 66 
agency who is authorized to execute state contracts shall [certify] 67 
represent that the selection of the most qualified or highest ranked 68 
person, firm or corporation was not the result of collusion, the giving of 69 
a gift or the promise of a gift, compensation, fraud or inappropriate 70 
influence from any person. 71 
(c) Any principal or key personnel of the person, firm or corporation 72 
submitting a bid or proposal for a large state contract shall [certify] 73 
represent: 74 
(1) That no gifts were made by (A) such person, firm, corporation, (B) 75 
any principals and key personnel of the person, firm or corporation, 76 
who participate substantially in preparing bids, proposals or 77 
negotiating state contracts, or (C) any agent of such person, firm, 78 
corporation or principals and key personnel, who participates 79 
substantially in preparing bids, proposals or negotiating state contracts, 80  Governor's Bill No.  6444 
 
 
 
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to (i) any public official or state employee of the state agency or quasi-81 
public agency soliciting bids or proposals for state contracts, who 82 
participates substantially in the preparation of bid solicitations or 83 
requests for proposals for state contracts or the negotiation or award of 84 
state contracts, or (ii) any public official or state employee of any other 85 
state agency, who has supervisory or appointing authority over such 86 
state agency or quasi-public agency; 87 
(2) That no such principals and key personnel of the person, firm or 88 
corporation, or agent of such person, firm or corporation or principals 89 
and key personnel, knows of any action by the person, firm or 90 
corporation to circumvent such prohibition on gifts by providing for 91 
any other principals and key personnel, official, employee or agent of 92 
the person, firm or corporation to provide a gift to any such public 93 
official or state employee; and 94 
(3) That the person, firm or corporation is submitting bids or 95 
proposals without fraud or collusion with any person. 96 
(d) Any bidder or proposer that does not [make the certification] 97 
agree to the representations required under this section shall be 98 
[disqualified] rejected and the state agency or quasi-public agency shall 99 
award the contract to the next highest ranked proposer or the next 100 
lowest responsible qualified bidder or seek new bids or proposals. 101 
(e) Each state agency and quasi-public agency shall include in the bid 102 
specifications or request for proposals for a large state contract a notice 103 
of the [certification] representation requirements of this section.  104 
Sec. 3. Section 4-252a of the general statutes is repealed and the 105 
following is substituted in lieu thereof (Effective July 1, 2021): 106 
(a) For purposes of this section, "state agency" and "quasi-public 107 
agency" have the same meanings as provided in section 1-79, "large state 108 
contract" has the same meaning as provided in section 4-250 and "entity" 109 
means any corporation, general partnership, limited partnership, 110 
limited liability partnership, joint venture, nonprofit organization or 111  Governor's Bill No.  6444 
 
 
 
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other business organization whose principal place of business is located 112 
outside of the United States, but excludes any United States subsidiary 113 
of a foreign corporation. 114 
(b) No state agency or quasi-public agency shall enter into any large 115 
state contract, or amend or renew any such contract with any entity 116 
[who (1) has failed to submit a written certification indicating whether 117 
or not such entity has] unless such contract contains a representation 118 
that such entity has not made a direct investment of twenty million 119 
dollars or more in the energy sector of Iran on or after October 1, 2013, 120 
as described in Section 202 of the Comprehensive Iran Sanctions, 121 
Accountability and Divestment Act of 2010, [or has] and has not 122 
increased or renewed such investment on or after said date. [, or (2) has 123 
submitted a written certification indicating that such entity has made 124 
such an investment on or after October 1, 2013, or has increased or 125 
renewed such an investment on or after said date. Each such 126 
certification shall be sworn as true to the best knowledge and belief of 127 
the entity signing the certification, subject to the penalties of false 128 
statement.] 129 
(c) Each state agency and quasi-public agency shall include in the bid 130 
specifications or request for proposals for a large state contract a notice 131 
of the [certification] representation requirements of this section. [Prior 132 
to submitting a bid or proposal for a large state contract, each bidder or 133 
proposer who is an entity shall submit a certification that such bidder or 134 
proposer has or has not made an investment as described in subsection 135 
(b) of this section.] 136 
(d) Any entity [who] that makes a good faith effort to determine 137 
whether such entity has made an investment described in subsection (b) 138 
of this section shall not be subject to the penalties of false statement 139 
pursuant to this section. A "good faith effort" for purposes of this 140 
subsection includes a determination that such entity is not on the list of 141 
persons who engage in certain investment activities in Iran created by 142 
the Department of General Services of the state of California pursuant 143 
to Division 2, Chapter 2.7 of the California Public Contract Code. 144  Governor's Bill No.  6444 
 
 
 
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Nothing in this subsection shall be construed to impair the ability of the 145 
state agency or quasi-public agency to pursue a breach of contract action 146 
for any violation of the provisions of the contract. 147 
(e) The provisions of this section shall not apply to any contract of the 148 
Treasurer as trustee of the Connecticut retirement plans and trust funds, 149 
as defined in section 3-13c, provided nothing in this subsection shall be 150 
construed to prevent the Treasurer from performing his or her fiduciary 151 
duties under section 3-13g.  152 
Sec. 4. Section 4a-81 of the general statutes is repealed and the 153 
following is substituted in lieu thereof (Effective July 1, 2021): 154 
(a) Except as provided in section 10a-151f, no state agency or quasi-155 
public agency shall execute a contract for the purchase of goods or 156 
services, which contract has a total value to the state of fifty thousand 157 
dollars or more in any calendar or fiscal year, unless [the state agency or 158 
quasi-public agency obtains the affidavit] such contract contains the 159 
representations described in subsection (b) of this section. 160 
(b) (1) [Any principal or key personnel of a person, firm or 161 
corporation who submit bids or proposals for a] Each contract described 162 
in subsection (a) of this section shall [attest in an affidavit as to] include 163 
a representation whether any consulting agreement has been entered 164 
into in connection with any such contract. Such [affidavit] 165 
representation shall be required if any duties of the consultant included 166 
communications concerning business of a state or quasi-public agency, 167 
whether or not direct contact with a state agency, state or public official 168 
or state employee was expected or made. As used in this section, 169 
"consulting agreement" means any written or oral agreement to retain 170 
the services, for a fee, of a consultant for the purposes of (A) providing 171 
counsel to a contractor, vendor, consultant or other entity seeking to 172 
conduct, or conducting, business with the state, (B) contacting, whether 173 
in writing or orally, any executive, judicial, or administrative office of 174 
the state, including any department, institution, bureau, board, 175 
commission, authority, official or employee for the purpose of 176  Governor's Bill No.  6444 
 
 
 
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solicitation, dispute resolution, introduction, requests for information, 177 
or (C) any other similar activity related to such contracts. "Consulting 178 
agreement" does not include any agreements entered into with a 179 
consultant who is registered under the provisions of chapter 10 as of the 180 
date such [affidavit is submitted] contract is executed in accordance 181 
with the provisions of this section. 182 
(2) Such [affidavit] representation shall be sworn as true to the best 183 
knowledge and belief of the person signing the [certification on the 184 
affidavit] contract and shall be subject to the penalties of false statement. 185 
(3) Such [affidavit] representation shall include the following 186 
information for each consulting agreement listed: The name of the 187 
consultant, the consultant's firm, the basic terms of the consulting 188 
agreement, a brief description of the services provided, and an 189 
indication as to whether the consultant is a former state employee or 190 
public official. If the consultant is a former state employee or public 191 
official, such [affidavit] representation shall indicate his or her former 192 
agency and the date such employment terminated. 193 
[(4) After the initial submission of such affidavit, the principal or key 194 
personnel of the person, firm or corporation shall not be required to 195 
resubmit such affidavit unless there is a change in the information 196 
contained in such affidavit. If there is any change in the information 197 
contained in the most recently filed affidavit required under this section, 198 
the principal or key personnel of a person, firm or corporation who 199 
submit bids or proposals for a contract described in subsection (a) of this 200 
section shall submit an updated affidavit either (A) not later than thirty 201 
days after the effective date of any such change, or (B) upon the 202 
submittal of any new bid or proposal, whichever is earlier.] 203 
(c) Each state agency and quasi-public agency shall include a notice 204 
of the [affidavit] representation requirements of this section in the bid 205 
specifications or request for proposals for any contract that is described 206 
in subsection (a) of this section. 207 
(d) If a bidder or vendor refuses to [submit the affidavit] agree to the 208  Governor's Bill No.  6444 
 
 
 
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representations required under [subsection] subsections (a) and (b) of 209 
this section, such bidder or vendor shall be [disqualified] rejected and 210 
the state agency or quasi-public agency shall award the contract to the 211 
next highest ranked vendor or the next lowest responsible qualified 212 
bidder or seek new bids or proposals. 213 
Sec. 5. Subdivision (2) of subsection (f) of section 9-612 of the general 214 
statutes is repealed and the following is substituted in lieu thereof 215 
(Effective July 1, 2021): 216 
(2) (A) No state contractor, prospective state contractor, principal of 217 
a state contractor or principal of a prospective state contractor, with 218 
regard to a state contract or a state contract solicitation with or from a 219 
state agency in the executive branch or a quasi-public agency or a 220 
holder, or principal of a holder, of a valid prequalification certificate, 221 
shall make a contribution to, or, on and after January 1, 2011, knowingly 222 
solicit contributions from the state contractor's or prospective state 223 
contractor's employees or from a subcontractor or principals of the 224 
subcontractor on behalf of (i) an exploratory committee or candidate 225 
committee established by a candidate for nomination or election to the 226 
office of Governor, Lieutenant Governor, Attorney General, State 227 
Comptroller, Secretary of the State or State Treasurer, (ii) a political 228 
committee authorized to make contributions or expenditures to or for 229 
the benefit of such candidates, or (iii) a party committee; 230 
(B) No state contractor, prospective state contractor, principal of a 231 
state contractor or principal of a prospective state contractor, with 232 
regard to a state contract or a state contract solicitation with or from the 233 
General Assembly or a holder, or principal of a holder, of a valid 234 
prequalification certificate, shall make a contribution to, or, on and after 235 
January 1, 2011, knowingly solicit contributions from the state 236 
contractor's or prospective state contractor's employees or from a 237 
subcontractor or principals of the subcontractor on behalf of (i) an 238 
exploratory committee or candidate committee established by a 239 
candidate for nomination or election to the office of state senator or state 240 
representative, (ii) a political committee authorized to make 241  Governor's Bill No.  6444 
 
 
 
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contributions or expenditures to or for the benefit of such candidates, or 242 
(iii) a party committee; 243 
(C) If a state contractor or principal of a state contractor makes or 244 
solicits a contribution as prohibited under subparagraph (A) or (B) of 245 
this subdivision, as determined by the State Elections Enforcement 246 
Commission, the contracting state agency or quasi-public agency may, 247 
in the case of a state contract executed on or after February 8, 2007, void 248 
the existing contract with such contractor, and no state agency or quasi-249 
public agency shall award the state contractor a state contract or an 250 
extension or an amendment to a state contract for one year after the 251 
election for which such contribution is made or solicited unless the 252 
commission determines that mitigating circumstances exist concerning 253 
such violation. No violation of the prohibitions contained in 254 
subparagraph (A) or (B) of this subdivision shall be deemed to have 255 
occurred if, and only if, the improper contribution is returned to the 256 
principal by the later of thirty days after receipt of such contribution by 257 
the recipient committee treasurer or the filing date that corresponds 258 
with the reporting period in which such contribution was made; 259 
(D) If a prospective state contractor or principal of a prospective state 260 
contractor makes or solicits a contribution as prohibited under 261 
subparagraph (A) or (B) of this subdivision, as determined by the State 262 
Elections Enforcement Commission, no state agency or quasi-public 263 
agency shall award the prospective state contractor the contract 264 
described in the state contract solicitation or any other state contract for 265 
one year after the election for which such contribution is made or 266 
solicited unless the commission determines that mitigating 267 
circumstances exist concerning such violation. The Commissioner of 268 
Administrative Services shall notify applicants of the provisions of this 269 
subparagraph and subparagraphs (A) and (B) of this subdivision during 270 
the prequalification application process; [and] 271 
(E) The State Elections Enforcement Commission shall make 272 
available to each state agency and quasi-public agency a written notice 273 
advising state contractors and prospective state contractors of the 274  Governor's Bill No.  6444 
 
 
 
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contribution and solicitation prohibitions contained in subparagraphs 275 
(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 276 
contractor and prospective state contractor to inform each individual 277 
described in subparagraph (F) of subdivision (1) of this subsection, with 278 
regard to such state contractor or prospective state contractor, about the 279 
provisions of subparagraph (A) or (B) of this subdivision, whichever is 280 
applicable, and this subparagraph; (ii) inform each state contractor and 281 
prospective state contractor of the civil and criminal penalties that could 282 
be imposed for violations of such prohibitions if any such contribution 283 
is made or solicited; (iii) inform each state contractor and prospective 284 
state contractor that, in the case of a state contractor, if any such 285 
contribution is made or solicited, the contract may be voided; (iv) inform 286 
each state contractor and prospective state contractor that, in the case of 287 
a prospective state contractor, if any such contribution is made or 288 
solicited, the contract described in the state contract solicitation shall not 289 
be awarded, unless the commission determines that mitigating 290 
circumstances exist concerning such violation; and (v) inform each state 291 
contractor and prospective state contractor that the state will not award 292 
any other state contract to anyone found in violation of such 293 
prohibitions for a period of one year after the election for which such 294 
contribution is made or solicited, unless the commission determines that 295 
mitigating circumstances exist concerning such violation. Each state 296 
agency and quasi-public agency shall [distribute such notice to the chief 297 
executive officer of its contractors and prospective state contractors, or 298 
an authorized signatory to a state contract, and shall obtain a written 299 
acknowledgment of the receipt of such notice.] include in the bid 300 
specifications or request for proposals for a state contract, a copy of or 301 
Internet link to such notice. No state agency or quasi-public agency shall 302 
execute a state contract unless such contract contains a representation 303 
that the chief executive officer or authorized signatory of the contract 304 
has received such notice; and 305 
(F) (i) Any principal of the state contractor or prospective state 306 
contractor submitting a bid or proposal for a state contract shall certify 307 
that neither the contractor or prospective state contractor, nor any of its 308  Governor's Bill No.  6444 
 
 
 
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principals, have made any contributions to, or solicited any 309 
contributions on behalf of, any party committee, exploratory committee, 310 
candidate for state-wide office or for the General Assembly, or political 311 
committee authorized to make contributions to or expenditures to or for, 312 
the benefit of such candidates, in the previous four years, that were 313 
determined by the State Elections Enforcement Commission to be in 314 
violation of subparagraph (A) or (B) of this subdivision, without 315 
mitigating circumstances having been found to exist concerning such 316 
violation. Each such certification shall be sworn as true to the best 317 
knowledge and belief of the person signing the certification, subject to 318 
the penalties of false statement. If there is any change in the information 319 
contained in the most recently filed certification, such person shall 320 
submit an updated certification not later than thirty days after the 321 
effective date of any such change or upon the submittal of any new bid 322 
or proposal for a state contract, whichever is earlier. 323 
(ii) Each state agency and quasi-public agency shall include in the bid 324 
specifications or request for proposals for a state contract a notice of the 325 
certification requirements of this subparagraph. No state agency or 326 
quasi-public agency shall execute a state contract unless the state agency 327 
or quasi-public agency obtains the written certification described in this 328 
subparagraph. 329 
(iii) Any principal of the state contractor or prospective state 330 
contractor submitting a bid or proposal for a state contract shall disclose 331 
on the certification all contributions made by any of its principals to any 332 
party committee, exploratory committee, candidate for state-wide office 333 
or for the General Assembly, or political committee authorized to make 334 
contributions to or expenditures to or for the benefit of such candidates 335 
for a period of four years prior to the signing of the contract or date of 336 
the response to the bid, whichever is longer, and certify that all such 337 
contributions have been disclosed. 338 
Sec. 6. Subsection (c) of section 4a-60 of the general statutes is 339 
repealed and the following is substituted in lieu thereof (Effective July 1, 340 
2021): 341  Governor's Bill No.  6444 
 
 
 
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(c) Except as provided in section 10a-151i: 342 
(1) Any contractor who has one or more contracts with an awarding 343 
agency or who is a party to a municipal public works contract or a 344 
contract for a quasi-public agency project [, where any such contract is 345 
valued at less than fifty thousand dollars for each year of the contract, 346 
shall provide the awarding agency, or in the case of a municipal public 347 
works or quasi-public agency project contract, the Commission on 348 
Human Rights and Opportunities, with a written or electronic 349 
representation that complies with the nondiscrimination agreement and 350 
warranty under subdivision (1) of subsection (a) of this section, 351 
provided if there is any change in such representation, the contractor 352 
shall provide the updated representation to the awarding agency or 353 
commission not later than thirty days after such change] shall include a 354 
nondiscrimination affirmation provision certifying that the contractor 355 
understands the obligations of this section and will maintain a policy for 356 
the duration of the contract to assure that the contract will be performed 357 
in compliance with the nondiscrimination requirements of subsection 358 
(a) of this section. The authorized signatory of the contract shall 359 
demonstrate his or her understanding of this obligation by either (A) 360 
initialing the nondiscrimination affirmation provision in the body of the 361 
contract, or (B) providing an affirmative response in the required online 362 
bid or response to a proposal question which asks if the contractor 363 
understands its obligations. 364 
[(2) Any contractor who has one or more contracts with an awarding 365 
agency or who is a party to a municipal public works contract or a 366 
contract for a quasi-public agency project, where any such contract is 367 
valued at fifty thousand dollars or more for any year of the contract, 368 
shall provide the awarding agency, or in the case of a municipal public 369 
works or quasi-public agency project contract, the Commission on 370 
Human Rights and Opportunities, with any one of the following: 371 
(A) Documentation in the form of a company or corporate policy 372 
adopted by resolution of the board of directors, shareholders, managers, 373 
members or other governing body of such contractor that complies with 374  Governor's Bill No.  6444 
 
 
 
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the nondiscrimination agreement and warranty under subdivision (1) of 375 
subsection (a) of this section; 376 
(B) Documentation in the form of a company or corporate policy 377 
adopted by a prior resolution of the board of directors, shareholders, 378 
managers, members or other governing body of such contractor if (i) the 379 
prior resolution is certified by a duly authorized corporate officer of 380 
such contractor to be in effect on the date the documentation is 381 
submitted, and (ii) the head of the awarding agency, or a designee, or in 382 
the case of a municipal public works or quasi-public agency project 383 
contract, the executive director of the Commission on Human Rights 384 
and Opportunities or a designee, certifies that the prior resolution 385 
complies with the nondiscrimination agreement and warranty under 386 
subdivision (1) of subsection (a) of this section; or 387 
(C) Documentation in the form of an affidavit signed under penalty 388 
of false statement by a chief executive officer, president, chairperson or 389 
other corporate officer duly authorized to adopt company or corporate 390 
policy that certifies that the company or corporate policy of the 391 
contractor complies with the nondiscrimination agreement and 392 
warranty under subdivision (1) of subsection (a) of this section and is in 393 
effect on the date the affidavit is signed.] 394 
[(3)] (2) No awarding agency, or in the case of a municipal public 395 
works contract, no municipality, or in the case of a quasi-public agency 396 
project contract, no entity, shall award a contract to a contractor [who] 397 
that has not [provided the representation or documentation] included 398 
the nondiscrimination affirmation provision in the contract and 399 
demonstrated its understanding of such provision as required under 400 
[subdivisions] subdivision (1) [and (2)] of this subsection. [, as 401 
applicable. After the initial submission of such representation or 402 
documentation, the contractor shall not be required to resubmit such 403 
representation or documentation unless there is a change in the 404 
information contained in such representation or documentation. If there 405 
is any change in the information contained in the most recently filed 406 
representation or updated documentation, the contractor shall submit 407  Governor's Bill No.  6444 
 
 
 
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an updated representation or documentation, as applicable, either (A) 408 
not later than thirty days after the effective date of such change, or (B) 409 
upon the execution of a new contract with the awarding agency, 410 
municipality or entity, as applicable, whichever is earlier. Such 411 
contractor shall also certify, in accordance with subparagraph (B) or (C) 412 
of subdivision (2) of this subsection, to the awarding agency or 413 
commission, as applicable, not later than fourteen days after the twelve-414 
month anniversary of the most recently filed representation, 415 
documentation or updated representation or documentation, that the 416 
representation on file with the awarding agency or commission, as 417 
applicable, is current and accurate.] 418 
Sec. 7. Subsection (b) of section 4a-60a of the general statutes is 419 
repealed and the following is substituted in lieu thereof (Effective July 1, 420 
2021): 421 
(b) Except as provided in section 10a-151i: 422 
(1) Any contractor who has one or more contracts with an awarding 423 
agency or who is a party to a municipal public works contract or a 424 
contract for a quasi-public agency project [, where any such contract is 425 
valued at less than fifty thousand dollars for each year of the contract, 426 
shall provide the awarding agency, or in the case of a municipal public 427 
works or quasi-public agency project contract, the Commission on 428 
Human Rights and Opportunities, with a written representation that 429 
complies with the nondiscrimination agreement and warranty under 430 
subdivision (1) of subsection (a) of this section] shall include a 431 
nondiscrimination affirmation provision in the contract certifying that 432 
the contractor understands the obligations of this section and will 433 
maintain a policy for the duration of the contract to assure that the 434 
contract will be performed in conformance with the nondiscrimination 435 
requirements of this section. The authorized signatory of the contract 436 
shall demonstrate his or her understanding of this obligation by either 437 
(A) initialing the nondiscrimination affirmation provision in the body of 438 
the contract, or (B) providing an affirmative response in the required 439 
online bid or response to a proposal question which asks if the 440  Governor's Bill No.  6444 
 
 
 
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contractor understands its obligations. 441 
[(2) Any contractor who has one or more contracts with an awarding 442 
agency or who is a party to a municipal public works contract or a 443 
contract for a quasi-public agency project, where any such contract is 444 
valued at fifty thousand dollars or more for any year of the contract, 445 
shall provide such awarding agency, or in the case of a municipal public 446 
works or quasi-public agency project contract, the Commission on 447 
Human Rights and Opportunities, with any of the following: 448 
(A) Documentation in the form of a company or corporate policy 449 
adopted by resolution of the board of directors, shareholders, managers, 450 
members or other governing body of such contractor that complies with 451 
the nondiscrimination agreement and warranty under subdivision (1) of 452 
subsection (a) of this section; 453 
(B) Documentation in the form of a company or corporate policy 454 
adopted by a prior resolution of the board of directors, shareholders, 455 
managers, members or other governing body of such contractor if (i) the 456 
prior resolution is certified by a duly authorized corporate officer of 457 
such contractor to be in effect on the date the documentation is 458 
submitted, and (ii) the head of the awarding agency, or a designee, or in 459 
the case of a municipal public works or quasi-public agency project 460 
contract, the executive director of the Commission on Human Rights 461 
and Opportunities or a designee, certifies that the prior resolution 462 
complies with the nondiscrimination agreement and warranty under 463 
subdivision (1) of subsection (a) of this section; or 464 
(C) Documentation in the form of an affidavit signed under penalty 465 
of false statement by a chief executive officer, president, chairperson or 466 
other corporate officer duly authorized to adopt company or corporate 467 
policy that certifies that the company or corporate policy of the 468 
contractor complies with the nondiscrimination agreement and 469 
warranty under subdivision (1) of subsection (a) of this section and is in 470 
effect on the date the affidavit is signed.] 471 
[(3)] (2) No awarding agency, or in the case of a municipal public 472  Governor's Bill No.  6444 
 
 
 
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works contract, no municipality, or in the case of a quasi-public agency 473 
project contract, no entity, shall award a contract to a contractor who has 474 
not [provided the representation or documentation] included the 475 
nondiscrimination affirmation provision in the contract and 476 
demonstrated its understanding of such provision as required under 477 
[subdivisions] subdivision (1) [and (2)] of this subsection. [, as 478 
applicable. After the initial submission of such representation or 479 
documentation, the contractor shall not be required to resubmit such 480 
representation or documentation unless there is a change in the 481 
information contained in such representation or documentation. If there 482 
is any change in the information contained in the most recently filed 483 
representation or updated documentation, the contractor shall submit 484 
an updated representation or documentation, as applicable, either (A) 485 
not later than thirty days after the effective date of such change, or (B) 486 
upon the execution of a new contract with the awarding agency, 487 
municipality, or entity, as applicable, whichever is earlier. Such 488 
contractor shall also certify, in accordance with subparagraph (B) or (C) 489 
of subdivision (2) of this subsection, to the awarding agency or 490 
commission, as applicable, not later than fourteen days after the twelve-491 
month anniversary of the most recently filed representation, 492 
documentation or updated representation or documentation, that the 493 
representation on file with the awarding agency or commission, as 494 
applicable, is current and accurate.] 495 
Sec. 8. Subdivision (1) of subsection (a) of section 4a-60g of the general 496 
statutes is repealed and the following is substituted in lieu thereof 497 
(Effective October 1, 2021, and applicable to certifications issued or renewed on 498 
or after said date): 499 
(1) "Small contractor" means (A) any contractor, subcontractor, 500 
manufacturer, service company or [nonprofit] corporation that [(A) 501 
that] (i) maintains its principal place of business in the state, [(B) that 502 
had gross revenues not exceeding twenty million dollars in the most 503 
recently completed fiscal year prior to such application, and (C) that is 504 
independent. "Small contractor" does not include any person who is 505 
affiliated with another person if both persons considered together have 506  Governor's Bill No.  6444 
 
 
 
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a gross revenue exceeding twenty million dollars] and (ii) is certified as 507 
a small business with the United States Small Business Administration, 508 
or (B) any nonprofit corporation that (i) maintains its principal place of 509 
business in the state, (ii) had gross revenues not exceeding twenty 510 
million dollars in the most recently completed fiscal year prior to such 511 
application, and (iii) is independent. 512 
Sec. 9. Subdivision (9) of subsection (a) of section 4a-60g of the general 513 
statutes is repealed and the following is substituted in lieu thereof 514 
(Effective October 1, 2021, and applicable to certifications issued or renewed on 515 
or after said date): 516 
(9) "Nonprofit corporation" means a [nonprofit] nonstock corporation 517 
incorporated pursuant to chapter 602 or any predecessor statutes 518 
thereto, which is exempt from taxation under any provision of section 519 
501 of the Internal Revenue Code of 1986, or any subsequent 520 
corresponding internal revenue code of the United States, as amended 521 
from time to time. 522 
Sec. 10. Subsection (f) of section 4a-60g of the general statutes is 523 
repealed and the following is substituted in lieu thereof (Effective October 524 
1, 2021): 525 
(f) The awarding authority may require that a contractor or 526 
subcontractor awarded a contract or a portion of a contract under this 527 
section furnish the following documentation: (1) A copy of the certificate 528 
of incorporation, certificate of limited partnership, partnership 529 
agreement or other organizational documents of the contractor or 530 
subcontractor; (2) a copy of federal income tax returns filed by the 531 
contractor or subcontractor for the previous year; [and] (3) evidence of 532 
payment of fair market value for the purchase or lease by the contractor 533 
or subcontractor of property or equipment from another contractor who 534 
is not eligible for set-aside contracts under this section; (4) evidence that 535 
the principal place of business of the contractor or subcontractor is 536 
located in the state; and (5) for any contractor or subcontractor certified 537 
under subsection (k) of this section on or after October 1, 2021, evidence 538  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	18 of 35 
 
of certification with the United States Small Business Administration as 539 
a small business. 540 
Sec. 11. Subdivision (1) of subsection (k) of section 4a-60g of the 541 
general statutes is repealed and the following is substituted in lieu 542 
thereof (Effective October 1, 2021): 543 
(k) (1) On or before January 1, 2000, the Commissioner of 544 
Administrative Services shall establish a process for certification of 545 
small contractors and minority business enterprises as eligible for set-546 
aside contracts. Each certification shall be valid for a period not to 547 
exceed two years, unless the Commissioner of Administrative Services 548 
determines that an extension of such certification is warranted, 549 
provided any such extension shall not exceed a period of six months 550 
from such certification's original expiration date. [Any paper 551 
application for certification shall be no longer than six pages.] Any 552 
certification issued prior to October 1, 2021, shall remain valid for the 553 
term listed on such certification unless revoked pursuant to subdivision 554 
(2) of this subsection. The Department of Administrative Services shall 555 
maintain on its web site an updated directory of small contractors and 556 
minority business enterprises certified under this section. 557 
Sec. 12. Subsection (b) of section 4a-57 of the general statutes is 558 
repealed and the following is substituted in lieu thereof (Effective July 1, 559 
2021): 560 
(b) The commissioner may, at [his] the commissioner's discretion, 561 
waive the requirement of competitive bidding or competitive 562 
negotiation in the case of minor nonrecurring [and] or emergency 563 
purchases of ten thousand dollars or less in amount. 564 
Sec. 13. Section 4a-60b of the general statutes is repealed and the 565 
following is substituted in lieu thereof (Effective July 1, 2021): 566 
(a) For the purposes of this section: 567 
(1) "Reverse auction" means an on-line bidding process in which 568  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	19 of 35 
 
qualified bidders or qualified proposers, anonymous to each other, 569 
submit bids or proposals to provide goods, [or] supplies or services 570 
pursuant to an invitation to bid or request for proposals; [and] 571 
(2) "Contracting agency" means a state agency with statutory 572 
authority to award contracts for goods, [or] supplies or services, or a 573 
political subdivision of the state or school district; and 574 
(3) "Services" does not include construction or construction-related 575 
services. 576 
(b) Notwithstanding any provision of the general statutes, whenever 577 
a contracting agency determines that the use of a reverse auction is 578 
advantageous to the contracting agency and will ensure a competitive 579 
contract award, the contracting agency may use a reverse auction to 580 
award a contract for goods, [or] supplies or services, in accordance with 581 
any applicable requirement of the general statutes and policies of the 582 
contracting agency. The contracting agency may contract with a third 583 
party to prepare and manage any such reverse auction. 584 
Sec. 14. Section 32-39e of the general statutes is repealed and the 585 
following is substituted in lieu thereof (Effective July 1, 2021): 586 
(a) If, in the exercise of its powers under section 32-39, Connecticut 587 
Innovations, Incorporated (1) finds that the use of a certain technology, 588 
product or process (A) would promote public health and safety, 589 
environmental protection or economic development, or (B) with regard 590 
to state services, would promote efficiency, reduce administrative 591 
burdens or otherwise improve such services, and (2) determines such 592 
technology, product or process was developed by a business (A) 593 
domiciled in this state to which the corporation has provided financial 594 
assistance or in which the corporation has invested, or (B) which has 595 
been certified as a small contractor or minority business enterprise by 596 
the Commissioner of Administrative Services under section 4a-60g, as 597 
amended by this act, the corporation, upon application of such business, 598 
may recommend to the Secretary of the Office of Policy and 599 
Management that an agency of the state, including, but not limited to, 600  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	20 of 35 
 
any constituent unit of the state system of higher education, be 601 
[directed] authorized to test such technology, product or process by 602 
employing it in the operations of such agency on a trial basis. The 603 
purpose of such test program shall be to validate the commercial 604 
viability of such technology, product or process provided no business 605 
in which Connecticut Innovations, Incorporated has invested shall be 606 
required to participate in such program. 607 
(b) [No] Connecticut Innovations, Incorporated shall make no such 608 
recommendation [may be made] unless such business has submitted a 609 
viable business plan to Connecticut Innovations, Incorporated for 610 
manufacturing and marketing such technology, product or process and 611 
such business demonstrates that (1) [will manufacture or produce such 612 
technology, product or process in this state, (2) demonstrates that] the 613 
usage of such technology, product or process by the state agency will 614 
not adversely affect safety, [(3) demonstrates that] (2) sufficient research 615 
and development has occurred to warrant participation in the test 616 
program, [and (4) demonstrates that] (3) the technology, product or 617 
process has potential for commercialization not later than two years 618 
following the completion of any test program involving a state agency 619 
under this section, and (4) such technology, product or process will have 620 
a positive economic impact in the state, including the prospective 621 
addition of jobs and economic activity upon such commercialization. 622 
[(b)] (c) If the Secretary of the Office of Policy and Management finds 623 
that employing such technology, product or process would be feasible 624 
in the operations of a state agency and would not have any detrimental 625 
effect on such operations, said secretary, notwithstanding the 626 
requirement of chapter 58, may direct an agency of the state to accept 627 
delivery of such technology, product or process and to undertake such 628 
a test program. [Any] The Secretary of the Office of Policy and 629 
Management, in consultation with the Commissioner of Administrative 630 
Services, the chief executive officer of Connecticut Innovations, 631 
Incorporated and the department head of the testing agency, shall 632 
determine, on a case-by-case basis, whether the costs associated with the 633 
acquisition and use of such technology, product or process by the testing 634  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	21 of 35 
 
agency shall be borne by Connecticut Innovations, Incorporated, the 635 
business or by any investor or participant in such business. The 636 
acquisition of any technology, product or process for purposes of the 637 
test program established pursuant to this section shall not be deemed to 638 
be a purchase under the provisions of the state procurement policy. The 639 
testing agency, on behalf of Connecticut Innovations, Incorporated shall 640 
maintain records related to such test program, as requested by 641 
Connecticut Innovations, Incorporated and shall make such records and 642 
any other information derived from such test program available to 643 
Connecticut Innovations, Incorporated and the business. Any 644 
proprietary information derived from such test program shall be 645 
exempt from the provisions of subsection (a) of section 1-210. 646 
(d) If the Secretary of the Office of Policy and Management, in 647 
consultation with the Commissioner of Administrative Services, the 648 
chief executive officer of Connecticut Innovations, Incorporated and the 649 
department head of the testing agency, determines that the test program 650 
sufficiently demonstrates that the technology, product or process 651 
promotes public health and safety, environmental protection, economic 652 
development or efficiency, reduces administrative burdens or otherwise 653 
improves state services, the Commissioner of Administrative Services 654 
may procure such technology, product or process for use by any or all 655 
state agencies pursuant to subsection (b) of section 4a-58. 656 
[(c)] (e) The Secretary of the Office of Policy and Management, the 657 
Commissioner of Administrative Services and Connecticut Innovations, 658 
Incorporated may develop a program to recognize state agencies that 659 
help to promote public health and safety, environmental protection, [or] 660 
economic development or efficiency; reduce administrative burdens or 661 
improve state services by participating in a testing program under this 662 
section. Such program may include the creation of a fund established 663 
with savings accrued by the testing agency during its participation in 664 
the testing program established under this section. Such fund shall only 665 
be used to implement the program of recognition established by the 666 
Secretary of the Office of Policy and Management, the Commissioner of 667 
Administrative Services and Connecticut Innovations, Incorporated, 668  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	22 of 35 
 
under the provisions of this subsection.  669 
Sec. 15. Section 4a-53 of the general statutes is repealed and the 670 
following is substituted in lieu thereof (Effective July 1, 2021): 671 
(a) The Commissioner of Administrative Services may join with 672 
federal agencies, other state governments, political subdivisions of this 673 
state or nonprofit organizations in cooperative purchasing plans when 674 
the best interests of the state would be served thereby. 675 
(b) [The state, through] Any state agency, with the approval of the 676 
Commissioner of Administrative Services or his or her designee, may 677 
purchase equipment, supplies, materials and services from a person 678 
who has a contract to sell such property or services to other state 679 
governments, other branches, divisions or departments of this state, 680 
political subdivisions of this state, nonprofit organizations or public 681 
purchasing consortia, in accordance with the terms and conditions of 682 
such contract. 683 
(c) The Commissioner of Administrative Services, in conjunction with 684 
the Department of Energy and Environmental Protection and within 685 
available appropriations, shall make known to the chief executive 686 
officer of each municipality the existence of cooperative plans for the 687 
purchase of recycled paper.  688 
Sec. 16. Section 4a-19 of the general statutes is repealed and the 689 
following is substituted in lieu thereof (Effective July 1, 2021): 690 
There shall be a State Insurance and Risk Management Board 691 
consisting of [twelve] nine persons whom the Governor shall appoint 692 
subject to the provisions of section 4-9a. [Four] Three of such appointees 693 
shall be public members and [eight] six shall be qualified by training 694 
and experience to carry out their duties under the provisions of sections 695 
4a-20 and 4a-21. The Comptroller shall be an ex-officio voting member 696 
of said board and may designate another person to act in his or her 697 
place. Not more than [eight] five appointed members of said board shall, 698 
at any time, be members of the same political party. Said appointed 699  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	23 of 35 
 
members shall receive no compensation for the performance of their 700 
duties as such but shall be reimbursed for their necessary expenses. The 701 
board shall meet at least once during each calendar quarter and at such 702 
other times as the chairperson deems necessary. Special meetings shall 703 
be held on the request of a majority of the board after notice in 704 
accordance with the provisions of section 1-225. [A majority] Five of the 705 
members of the board shall constitute a quorum. Any member who fails 706 
to attend three consecutive meetings or who fails to attend fifty per cent 707 
of all meetings held during any calendar year shall be deemed to have 708 
resigned from office. Said board shall be within the Department of 709 
Administrative Services, provided the board shall have independent 710 
decision-making authority. Said department shall provide staff support 711 
for the board.  712 
Sec. 17. (NEW) (Effective July 1, 2021) (a) As used in this section, 713 
"agency" means each state board, authority, commission, department, 714 
office, institution, council or other agency of the state including, but not 715 
limited to, each constituent unit and each public institution of higher 716 
education, and "quasi-public agency" has the same meaning as provided 717 
in section 1-120 of the general statutes. Notwithstanding any provision 718 
of the general statutes or public or special act, but subject to the 719 
provisions of chapter 15 of the general statutes, any payment of fees due 720 
to an agency or quasi-public agency may be made by any means of 721 
electronic funds transfer adopted by such agency or quasi-public 722 
agency. 723 
(b) Notwithstanding any provision of the general statutes or public 724 
or special act, but subject to the provisions of chapter 15 of the general 725 
statutes, any correspondence or communication required to be 726 
delivered to an agency or quasi-public agency by registered or certified 727 
mail, return receipt requested, may be delivered by electronic means 728 
with proof of a delivery receipt, in accordance with the provisions of 729 
chapter 15 of the general statutes. 730 
(c) Notwithstanding any provision of the general statutes or public or 731 
special act, but subject to the provisions of chapter 15 of the general 732  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	24 of 35 
 
statutes, any correspondence or communication required to be 733 
delivered to an agency or quasi-public agency by United States mail or 734 
facsimile may be delivered by electronic means, provided such agency 735 
or quasi-public agency has determined such electronic delivery is 736 
appropriate for such correspondence or communication. 737 
(d) Notwithstanding any provision of the general statutes or public 738 
or special act, but subject to the provisions of chapter 15 of the general 739 
statutes, any requirement that an agency or quasi-public agency insert 740 
an advertisement of a legal notice in a newspaper shall include posting 741 
such notice on the agency's or quasi-public agency's Internet web site or 742 
other electronic portal of the agency which is available to the general 743 
public.  744 
Sec. 18. Subsection (b) of section 4d-7 of the general statutes is 745 
repealed and the following is substituted in lieu thereof (Effective July 1, 746 
2021): 747 
(b) In order to facilitate the development of a fully integrated state-748 
wide information services and telecommunication system that 749 
effectively and efficiently supports data processing and 750 
telecommunication requirements of all state agencies, the strategic plan 751 
shall include: (1) Guidelines and standards for the architecture for 752 
information and telecommunication systems that support state 753 
agencies, including, but not limited to, standards for digital identity 754 
verification under section 1-276 that are consistent with industry 755 
standards and best practices; (2) plans for a cost-effective state-wide 756 
telecommunication network to support state agencies, which network 757 
may consist of different types of transmission media, including wire, 758 
fiber and radio, and shall be able to support voice, data, electronic mail, 759 
video and facsimile transmission requirements and any other form of 760 
information exchange that takes place via electromagnetic media; (3) 761 
identification of annual expenditures and major capital commitments 762 
for information and telecommunication systems; (4) identification of all 763 
state agency technology projects; (5) a description of the efforts of 764 
executive branch state agencies to use e-government solutions to deliver 765  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	25 of 35 
 
state services and conduct state programs, including the feedback and 766 
demands of clients of such agencies received by such agencies and such 767 
agencies' plans to address client concerns by using online solutions, 768 
when such solutions are determined feasible by such agencies; and (6) 769 
potential opportunities for increasing the efficiency or reducing the 770 
costs of the state's information and telecommunication systems. 771 
Sec. 19. Section 4a-67d of the general statutes is repealed and the 772 
following is substituted in lieu thereof (Effective July 1, 2021): 773 
(a) The fleet average for cars or light duty trucks purchased by the 774 
state shall: (1) On and after October 1, 2001, have a United States 775 
Environmental Protection Agency estimated highway gasoline mileage 776 
rating of at least thirty-five miles per gallon and on and after January 1, 777 
2003, have a United States Environmental Protection Agency estimated 778 
highway gasoline mileage rating of at least forty miles per gallon, (2) 779 
comply with the requirements set forth in 10 CFR 490 concerning the 780 
percentage of alternative-fueled vehicles required in the state motor 781 
vehicle fleet, and (3) obtain the best achievable mileage per pound of 782 
carbon dioxide emitted in its class. The alternative-fueled vehicles 783 
purchased by the state to comply with said requirements shall be 784 
capable of operating on natural gas or electricity or any other system 785 
acceptable to the United States Department of Energy that operates on 786 
fuel that is available in the state. 787 
(b) Notwithstanding any other provisions of this section, (1) on and 788 
after January 1, 2008: (A) At least fifty per cent of all cars and light duty 789 
trucks purchased or leased by the state shall be alternative-fueled, 790 
hybrid electric or plug-in electric vehicles, (B) all alternative-fueled 791 
vehicles purchased or leased by the state shall be certified to the 792 
California Air Resources Board's Low Emission Vehicle II Ultra Low 793 
Emission Vehicle Standard, and (C) all gasoline-powered light duty and 794 
hybrid vehicles purchased or leased by the state shall, at a minimum, be 795 
certified to the California Air Resource Board's Low Emission Vehicle II 796 
Ultra Low Emission Vehicle Standard, (2) on and after January 1, 2012, 797 
one hundred per cent of such cars and light duty trucks shall be 798  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	26 of 35 
 
alternative-fueled, hybrid electric or plug-in electric vehicles, and (3) on 799 
and after January 1, 2030, at least fifty per cent of such cars and light 800 
duty trucks shall be zero-emission vehicles. 801 
(c) On and after January 1, 2030, at least thirty per cent of all buses 802 
purchased or leased by the state shall be zero-emission buses. 803 
[(d) If the Commissioner of Administrative Services determines that 804 
the vehicles required by the provisions of subsections (b) and (c) of this 805 
section are not available for purchase or lease, the Commissioner of 806 
Administrative Services shall include an explanation of such 807 
determination in the annual report described in subsection (g) of this 808 
section.] 809 
[(e)] (d) The provisions of subsections (a) to (c), inclusive, of this 810 
section shall not apply to any emergency vehicle. 811 
[(f)] (e) As used in this section, (1) "emergency vehicle" means a 812 
vehicle used by the Department of Motor Vehicles, Department of 813 
Emergency Services and Public Protection, Department of Energy and 814 
Environmental Protection, Department of Correction, Office of State 815 
Capitol Police, Department of Mental Health and Addiction Services, 816 
Department of Developmental Services, Department of Social Services, 817 
Department of Children and Families, Department of Transportation, 818 
Judicial Department, Board of Pardons and Paroles, Board of Regents 819 
for Higher Education, The University of Connecticut or The University 820 
of Connecticut Health Center for law enforcement or emergency 821 
response purposes, (2) "hybrid" means a passenger car that draws 822 
acceleration energy from two on-board sources of stored energy that 823 
consists of either an internal combustion or heat engine which uses 824 
combustible fuel and a rechargeable energy storage system, and, for any 825 
passenger car or light duty truck with a model year of 2004 or newer, 826 
that is certified to meet or exceed the California Air Resources Board's 827 
LEV (Low Emission Vehicle) II LEV Standard, (3) "zero-emission 828 
vehicle" means a battery electric vehicle, hybrid electric vehicle, range-829 
extended electric vehicle and any vehicle that is certified by the 830  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	27 of 35 
 
executive officer of the California Air Resources Board to produce zero 831 
emissions of any criteria pollutant under all operational modes and 832 
conditions, and (4) "zero-emission bus" means any urban bus certified 833 
by the executive officer of the California Air Resources Board to produce 834 
zero emissions of any criteria pollutant under all operational modes and 835 
conditions. 836 
[(g) On or before January 1, 2008, and annually thereafter, the 837 
Commissioner of Administrative Services, in consultation with the 838 
Commissioner of Transportation, shall file a report with the joint 839 
standing committees of the General Assembly having cognizance of 840 
matters relating to government administration, the environment and 841 
energy that includes: (1) Details on the composition of the state fleet, 842 
including, but not limited to, a listing of all vehicles owned, leased or 843 
used by the Departments of Transportation and Emergency Services 844 
and Public Protection, the make, model and fuel type of vehicles that 845 
compose the state fleet and the amount of fuel, including alternative 846 
fuels, that each vehicle uses, (2) any changes to the determination made 847 
by the Commissioner of Energy and Environmental Protection pursuant 848 
to subsection (a) of section 35 of public act 07-4 of the June special 849 
session* or any update concerning the waiver application submitted 850 
pursuant to subsection (a) of section 35 of public act 07-4 of the June 851 
special session*, as applicable, (3) any changes or amendments to the 852 
plan required by subsection (b) of section 35 of public act 07-4 of the June 853 
special session*, (4) any changes or amendments to the plan required by 854 
subsection (c) of section 35 of public act 07-4 of the June special session*, 855 
(5) a vehicle purchasing and procurement three-year plan that aligns 856 
with the requirements of subdivision (3) of subsection (b) of this section 857 
and subsection (c) of this section, and (6) an assessment of the 858 
availability of zero-emission medium and heavy duty trucks and the 859 
feasibility of the state purchasing or leasing zero-emission medium and 860 
heavy duty trucks. The Departments of Transportation and Emergency 861 
Services and Public Protection shall submit all data requested of said 862 
departments by the Department of Administrative Services in 863 
connection with the preparation of such report. 864  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	28 of 35 
 
(h) The Commissioner of Administrative Services may enter into any 865 
agreement necessary to carry out the provisions of subsection (g) of this 866 
section.] 867 
[(i)] (f) In performing the requirements of this section, the 868 
Commissioners of Administrative Services, Energy and Environmental 869 
Protection and Transportation shall, whenever possible, consider the 870 
use of and impact on Connecticut-based companies. 871 
[(j)] (g) The Commissioner of Administrative Services, in consultation 872 
with the Commissioner of Transportation, shall study the feasibility of 873 
creating a competitive bid process for the aggregate procurement of 874 
zero-emission vehicles and zero-emission buses and determine whether 875 
such aggregate procurement would achieve a cost savings on the 876 
purchase of such vehicles and buses and related administrative costs. 877 
On or before January 1, 2020, the Commissioner of Administrative 878 
Services shall report, in accordance with the provisions of section 11-4a, 879 
on the results of such study to the joint standing committees of the 880 
General Assembly having cognizance of matters relating to government 881 
administration and transportation. The Commissioner of 882 
Administrative Services may proceed with such aggregate procurement 883 
if the commissioner determines such aggregate procurement would 884 
achieve a cost savings.  885 
Sec. 20. Subsection (e) of section 4a-52a of the general statutes is 886 
repealed and the following is substituted in lieu thereof (Effective July 1, 887 
2021): 888 
(e) Notwithstanding the provisions of sections 4a-51 and 4a-52, the 889 
Commissioner of Administrative Services may delegate authority to any 890 
state agency to purchase supplies, materials, equipment and contractual 891 
services, consistent with section 4a-67c, if the commissioner determines, 892 
in writing, that (1) such delegation would reduce state purchasing costs 893 
or result in more efficient state purchasing, and (2) the agency has 894 
employees with experience and expertise in state purchasing statutes, 895 
regulations and procedures. In determining which agencies to delegate 896  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	29 of 35 
 
such purchasing authority to, the commissioner shall give preference to 897 
agencies which have exceeded the set-aside requirements of section 4a-898 
60g, as amended by this act. An agency to whom such authority is 899 
delegated shall comply with all such statutes, regulations and 900 
procedures. [and shall submit annual reports to the Commissioner of 901 
Administrative Services on its purchase orders, in a format prescribed 902 
by the commissioner.] The Commissioner of Administrative Services or 903 
his or her designee shall periodically review each such delegation of 904 
purchasing authority and may revoke or modify a delegation upon 905 
determining that the agency has violated any provision of the 906 
delegation or that there is evidence of insufficient competition in the 907 
competitive bidding or competitive negotiation process.  908 
Sec. 21. Section 4a-6 of the general statutes is repealed and the 909 
following is substituted in lieu thereof (Effective July 1, 2021): 910 
[(a)] No state agency shall enter into any agreement, whether oral or 911 
written, or renew any agreement for the leasing of any personal 912 
property, except upon approval of the Commissioner of Administrative 913 
Services and subject to such procedures as the commissioner may 914 
establish respecting the leasing of personal property. The commissioner 915 
shall cause to be kept a complete record of all personal property leased 916 
by state agencies, the location of each item of such property and a copy 917 
of all leasing agreements and renewals thereof. 918 
[(b) On or before the fourth Wednesday after the convening of each 919 
regular session of the General Assembly, the commissioner shall file 920 
with the joint standing committee of the General Assembly having 921 
cognizance of matters relating to appropriations and the budgets of state 922 
agencies, a complete listing of all items of personal property leased by 923 
state agencies, indicating each item leased, the lessee agency, the lessor 924 
and the annual rental thereof.]  925 
Sec. 22. Section 4b-2 of the general statutes is repealed and the 926 
following is substituted in lieu thereof (Effective July 1, 2021): 927 
The Commissioner of Administrative Services shall: 928  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	30 of 35 
 
[(1) Submit to the board on September first of each year a report 929 
which shall include all pertinent data on his operations concerning 930 
realty acquisitions and the projected needs of the state. On or before 931 
October first of each year, the board shall submit such report with 932 
recommendations, comments, conclusions or other pertinent 933 
information to the Governor and the members of the joint standing 934 
committees of the General Assembly having cognizance of matters 935 
relating to appropriations and the budgets of state agencies and to state 936 
finance, revenue and bonding.] 937 
[(2)] (1) Consult and cooperate with professional bodies and groups 938 
concerning the purposes of sections 2-90, 4b-2 to 4b-5, inclusive, 4b-23, 939 
4b-24, 4b-26, 4b-27 and 4b-32; [.] and 940 
[(3)] (2) Keep and maintain proper financial records with respect to 941 
real estate acquisition activities for use in calculating the costs of [his] 942 
the commissioner's operation.  943 
Sec. 23. Section 29-251a of the general statutes is repealed and the 944 
following is substituted in lieu thereof (Effective July 1, 2021): 945 
As used in this section, "program requirements" means any program 946 
or part of a program which is required by law. The Commissioner of 947 
Administrative Services, in consultation with the Codes and Standards 948 
Committee, shall conduct a review of existing regulations of each state 949 
agency to determine whether any provision of such regulations conflicts 950 
with the State Building Code, the Fire Safety Code, the State Fire 951 
Prevention Code or any other fire safety regulation adopted under this 952 
chapter. The commissioner shall make recommendations to the 953 
department head of any state agency which has regulations that are in 954 
conflict with the State Building Code, the Fire Safety Code, the State Fire 955 
Prevention Code or any other fire safety regulation adopted under this 956 
chapter for the amendment of such regulations so they no longer are in 957 
conflict with said codes or any such fire safety regulations. Not later 958 
than ninety days following receipt of such recommendations, the 959 
department head of such state agency shall initiate the process under 960  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	31 of 35 
 
chapter 54 to amend or repeal such regulation in order to bring such 961 
regulation into compliance with the State Building Code, the Fire Safety 962 
Code, the State Fire Prevention Code or any other fire safety regulation 963 
adopted under this chapter as the case may be, unless the amendment 964 
or repeal of such regulation would result in a conflict with the applicable 965 
agency's program requirements. [The Commissioner of Administrative 966 
Services, in consultation with the Codes and Standards Committee, shall 967 
report such recommendations to the joint standing committee of the 968 
General Assembly having cognizance of matters relating to public 969 
safety.]  970 
Sec. 24. Section 29-418 of the general statutes is repealed and the 971 
following is substituted in lieu thereof (Effective July 1, 2021): 972 
(a) All testing by or on behalf of a holder of a cigarette manufacturer's 973 
license or by or on behalf of the Office of the State Fire Marshal to 974 
determine a cigarette's compliance with the performance standard 975 
specified in this section shall be conducted in accordance with the 976 
following requirements: 977 
(1) Testing of cigarettes shall be conducted in accordance with the 978 
American Society of Testing and Materials or "ASTM" standard E2187-979 
04, "Standard Test Method for Measuring the Ignition Strength of 980 
Cigarettes" or a subsequent ASTM Standard Test Method for Measuring 981 
the Ignition Strength of Cigarettes upon a finding by the State Fire 982 
Marshal that such subsequent method does not result in a change in the 983 
percentage of full-length burns exhibited by any tested cigarette when 984 
compared to the percentage of full-length burns the same cigarette 985 
would exhibit when tested in accordance with ASTM standard E2187-986 
04 and the performance standard in subdivision (3) of this subsection; 987 
(2) Testing shall be conducted on ten layers of filter paper; 988 
(3) Not more than twenty-five per cent of the cigarettes tested in a test 989 
trial in accordance with this section shall exhibit full-length burns. Forty 990 
replicate tests shall comprise a complete test trial for each cigarette 991 
tested; 992  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	32 of 35 
 
(4) The performance standard required by this section shall only be 993 
applied to a complete test trial; 994 
(5) Written certifications shall be based upon testing conducted by a 995 
laboratory that has been accredited pursuant to standard ISO or IEC 996 
17025 of the International Organization for Standardization or such 997 
other comparable accreditation standard as the Office of the State Fire 998 
Marshal may require by regulation; 999 
(6) Laboratories conducting testing in accordance with this section 1000 
shall implement a quality control and quality assurance program that 1001 
includes a procedure that will determine the repeatability of the testing 1002 
results. The repeatability value shall be no greater than 0.19. Such 1003 
program ensures that the testing repeatability remains within the 1004 
required repeatability value set forth in this subdivision for all test trials 1005 
used to certify cigarettes in accordance with this section and section 29-1006 
419; and 1007 
(7) No additional testing under this section is required if cigarettes 1008 
are tested consistent with this section for any other purpose. 1009 
(b) Each cigarette that uses lowered permeability bands in the 1010 
cigarette paper to achieve compliance with the performance standard 1011 
set forth in this section shall have not less than two nominally identical 1012 
bands on the paper surrounding the tobacco column. At least one 1013 
complete band shall be located not less than fifteen millimeters from the 1014 
lighting end of the cigarette. For cigarettes on which the bands are 1015 
positioned by design, there shall be not less than two bands fully located 1016 
at least fifteen millimeters from the lighting end and ten millimeters 1017 
from the filter end of the tobacco column, or ten millimeters from the 1018 
labeled end of the tobacco column for nonfiltered cigarettes. 1019 
(c) A holder of a cigarette manufacturer's license that manufactures a 1020 
cigarette that the State Fire Marshal determines cannot be tested in 1021 
accordance with the test method prescribed in subdivision (1) of 1022 
subsection (a) of this section may propose an alternate test method and 1023 
performance standard for the cigarette to the State Fire Marshal. Upon 1024  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	33 of 35 
 
approval and a determination by the State Fire Marshal that the 1025 
performance standard proposed by the holder is equivalent to the 1026 
performance standard prescribed in subdivision (3) of subsection (a) of 1027 
this section, the holder may employ such test method and performance 1028 
standard to certify such cigarette pursuant to section 29-419. If the State 1029 
Fire Marshal determines that another state has enacted reduced 1030 
cigarette ignition propensity standards that include a test method and 1031 
performance standard that are the same as those contained in this 1032 
section, and the State Fire Marshal finds that the officials responsible for 1033 
implementing those requirements have approved the proposed 1034 
alternative test method and performance standard for a particular 1035 
cigarette proposed by a holder as meeting the reduced cigarette ignition 1036 
propensity standards of that state's law or regulations under a legal 1037 
provision comparable to this section, then the State Fire Marshal shall 1038 
authorize that holder to employ the alternative test method and 1039 
performance standard to certify that cigarette for sale in this state, unless 1040 
the State Fire Marshal has a reasonable basis for deciding that the 1041 
alternative test should not be accepted under said sections. All other 1042 
applicable requirements of this section shall apply to the holder. 1043 
(d) Each holder of a cigarette manufacturer's license shall maintain 1044 
copies of the reports of all tests conducted on all cigarettes with respect 1045 
to which such holder has submitted written certification in accordance 1046 
with the provisions of section 29-419. Such holder shall provide copies 1047 
of the reports available to the Office of the State Fire Marshal and to the 1048 
office of the Attorney General upon written request. Any holder that 1049 
fails to provide such copies not later than sixty days after receiving a 1050 
written request shall be subject to a civil penalty not to exceed ten 1051 
thousand dollars for each day after the sixtieth day that the holder does 1052 
not make such copies available. 1053 
[(e) The State Fire Marshal shall review the effectiveness of the 1054 
implementation of this section and shall submit a report to the joint 1055 
standing committee of the General Assembly having cognizance of 1056 
matters relating to public safety, in accordance with section 11-4a, 1057 
containing the State Fire Marshal's findings and, if appropriate, 1058  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	34 of 35 
 
recommendations for legislation to improve the effectiveness of this 1059 
section. Such report shall be submitted not later than June 30, 2011, and 1060 
every three years thereafter.]  1061 
Sec. 25. Subsection (a) of section 1-83 of the general statutes is 1062 
repealed and the following is substituted in lieu thereof (Effective July 1, 1063 
2021): 1064 
(a) (1) All state-wide elected officers, members of the General 1065 
Assembly, department heads and their deputies, members or directors 1066 
of each quasi-public agency, members of the Investment Advisory 1067 
Council and such members of the Executive Department and such 1068 
employees of quasi-public agencies as the Governor shall require, shall 1069 
file, under penalty of false statement, a statement of financial interests 1070 
for the preceding calendar year with the Office of State Ethics on or 1071 
before the May first next in any year in which they hold such an office 1072 
or position. If, in any year, May first falls on a weekend or legal holiday, 1073 
such statement shall be filed not later than the next business day. Any 1074 
such individual who leaves his or her office or position shall file a 1075 
statement of financial interests covering that portion of the year during 1076 
which such individual held his or her office or position. The Office of 1077 
State Ethics shall notify such individuals of the requirements of this 1078 
subsection not later than sixty days after their departure from such 1079 
office or position. Such individuals shall file such statement not later 1080 
than sixty days after receipt of the notification. 1081 
(2) Each state agency, department, board and commission shall 1082 
develop and implement, in cooperation with the Office of State Ethics, 1083 
an ethics statement as it relates to the mission of the agency, department, 1084 
board or commission. The executive head of each such agency, 1085 
department, board or commission shall be directly responsible for the 1086 
development and enforcement of such ethics statement and shall file a 1087 
copy of such ethics statement with [the Department of Administrative 1088 
Services and] the Office of State Ethics. 1089  Governor's Bill No.  6444 
 
 
 
LCO No. 3115   	35 of 35 
 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2021 1-101qq 
Sec. 2 July 1, 2021 4-252 
Sec. 3 July 1, 2021 4-252a 
Sec. 4 July 1, 2021 4a-81 
Sec. 5 July 1, 2021 9-612(f)(2) 
Sec. 6 July 1, 2021 4a-60(c) 
Sec. 7 July 1, 2021 4a-60a(b) 
Sec. 8 October 1, 2021, and 
applicable to certifications 
issued or renewed on or 
after said date 
4a-60g(a)(1) 
Sec. 9 October 1, 2021, and 
applicable to certifications 
issued or renewed on or 
after said date 
4a-60g(a)(9) 
Sec. 10 October 1, 2021 4a-60g(f) 
Sec. 11 October 1, 2021 4a-60g(k)(1) 
Sec. 12 July 1, 2021 4a-57(b) 
Sec. 13 July 1, 2021 4a-60b 
Sec. 14 July 1, 2021 32-39e 
Sec. 15 July 1, 2021 4a-53 
Sec. 16 July 1, 2021 4a-19 
Sec. 17 July 1, 2021 New section 
Sec. 18 July 1, 2021 4d-7(b) 
Sec. 19 July 1, 2021 4a-67d 
Sec. 20 July 1, 2021 4a-52a(e) 
Sec. 21 July 1, 2021 4a-6 
Sec. 22 July 1, 2021 4b-2 
Sec. 23 July 1, 2021 29-251a 
Sec. 24 July 1, 2021 29-418 
Sec. 25 July 1, 2021 1-83(a) 
 
Statement of Purpose:   
To implement the Governor's budget recommendations. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]