CT
Connecticut House Bill HB06444

Connecticut 2021 Regular Session

Connecticut House Bill HB06444 Compare Versions

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7+General Assembly Substitute Bill No. 6444
8+January Session, 2021
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6-Public Act No. 21-76
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9-AN ACT CONCERNING THE MODERNIZATION OF STATE
10-SERVICES AND THE MEMBERSHIP OF THE COMMISSION FOR
11-EDUCATIONAL TECHNOLOGY.
14+AN ACT CONCERNING TH E MODERNIZATION OF S TATE SERVICES.
1215 Be it enacted by the Senate and House of Representatives in General
1316 Assembly convened:
1417
15-Section 1. Section 1-101qq of the general statutes is repealed and the
16-following is substituted in lieu thereof (Effective July 1, 2021):
17-(a) Except as provided in section 10a-151h, a state agency or
18-institution or quasi-public agency that is seeking a contractor for a large
19-state construction or procurement contract shall provide the summary
20-of state ethics laws developed by the Office of State Ethics pursuant to
21-section 1-81b to any person seeking a large state construction or
22-procurement contract. [Such person shall affirm to the agency or
23-institution, in writing or electronically, (1) receipt of such summary, and
24-(2) that key employees of such person have read and understand the
25-summary and agree to comply with the provisions of state ethics law.
26-After the initial submission of such affirmation, such person shall not be
27-required to resubmit such affirmation unless there is a change in the
28-information contained in the affirmation. If there is any change in the
29-information contained in the most recently filed affirmation, such
30-person shall submit an updated affirmation either (A) not later than
31-thirty days after the effective date of any such change, or (B) upon the Substitute House Bill No. 6444
18+Section 1. Section 1-101qq of the general statutes is repealed and the 1
19+following is substituted in lieu thereof (Effective July 1, 2021): 2
20+(a) Except as provided in section 10a-151h, a state agency or 3
21+institution or quasi-public agency that is seeking a contractor for a large 4
22+state construction or procurement contract shall provide the summary 5
23+of state ethics laws developed by the Office of State Ethics pursuant to 6
24+section 1-81b to any person seeking a large state construction or 7
25+procurement contract. [Such person shall affirm to the agency or 8
26+institution, in writing or electronically, (1) receipt of such summary, and 9
27+(2) that key employees of such person have read and understand the 10
28+summary and agree to comply with the provisions of state ethics law. 11
29+After the initial submission of such affirmation, such person shall not be 12
30+required to resubmit such affirmation unless there is a change in the 13
31+information contained in the affirmation. If there is any change in the 14
32+information contained in the most recently filed affirmation, such 15
33+person shall submit an updated affirmation either (A) not later than 16
34+thirty days after the effective date of any such change, or (B) upon the 17
35+submittal of any new bid or proposal, whichever is earlier.] No state 18
36+agency or institution or quasi-public agency shall [accept a bid or 19 Substitute Bill No. 6444
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35-submittal of any new bid or proposal, whichever is earlier.] No state
36-agency or institution or quasi-public agency shall [accept a bid or
37-proposal for] enter into a large state construction or procurement
38-contract [without such affirmation] unless such contract contains a
39-representation that the chief executive officer or authorized signatory of
40-the contract and all key employees of such officer or signatory have read
41-and understood the summary and agree to comply with the provisions
42-of state ethics law.
43-(b) Except as provided in section 10a-151h, prior to entering into a
44-contract with any subcontractors or consultants, each large state
45-construction or procurement contractor shall [(1)] provide the summary
46-of state ethics laws described in subsection (a) of this section to all
47-subcontractors and consultants. [, and (2) obtain an affirmation from
48-each subcontractor and consultant that such subcontractor and
49-consultant has received such summary and key employees of such
50-subcontractor and consultant have read and understand the summary
51-and agree to comply with its provisions. The contractor shall provide
52-such affirmations to the state agency, institution or quasi-public agency
53-not later than fifteen days after the request of such agency, institution or
54-quasi-public agency for such affirmation.] Each contract entered into
55-with a subcontractor or consultant on or after July 1, 2021, shall include
56-a representation that each subcontractor or consultant and the key
57-employees of such subcontractor or consultant have read and
58-understood the summary and agree to comply with the provisions of
59-state ethics law. Failure to [submit such affirmations in a timely manner]
60-include such representations in such contracts with subcontractors or
61-consultants shall be cause for termination of the large state construction
62-or procurement contract.
63-(c) Each contract with a contractor, subcontractor or consultant
64-described in subsection (a) or (b) of this section shall incorporate such
65-summary by reference as a part of the contract terms. Substitute House Bill No. 6444
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43+proposal for] enter into a large state construction or procurement 20
44+contract [without such affirmation] unless such contract contains a 21
45+representation that the chief executive officer or authorized signatory of 22
46+the contract and all key employees of such officer or signatory have read 23
47+and understood the summary and agree to comply with the provisions 24
48+of state ethics law. 25
49+(b) Except as provided in section 10a-151h, prior to entering into a 26
50+contract with any subcontractors or consultants, each large state 27
51+construction or procurement contractor shall [(1)] provide the summary 28
52+of state ethics laws described in subsection (a) of this section to all 29
53+subcontractors and consultants. [, and (2) obtain an affirmation from 30
54+each subcontractor and consultant that such subcontractor and 31
55+consultant has received such summary and key employees of such 32
56+subcontractor and consultant have read and understand the summary 33
57+and agree to comply with its provisions. The contractor shall provide 34
58+such affirmations to the state agency, institution or quasi-public agency 35
59+not later than fifteen days after the request of such agency, institution or 36
60+quasi-public agency for such affirmation.] Each contract entered into 37
61+with a subcontractor or consultant on or after July 1, 2021, shall include 38
62+a representation that each subcontractor or consultant and the key 39
63+employees of such subcontractor or consultant have read and 40
64+understood the summary and agree to comply with the provisions of 41
65+state ethics law. Failure to [submit such affirmations in a timely manner] 42
66+include such representations in such contracts with subcontractors or 43
67+consultants shall be cause for termination of the large state construction 44
68+or procurement contract. 45
69+(c) Each contract with a contractor, subcontractor or consultant 46
70+described in subsection (a) or (b) of this section shall incorporate such 47
71+summary by reference as a part of the contract terms. 48
72+Sec. 2. Section 4-252 of the general statutes is repealed and the 49
73+following is substituted in lieu thereof (Effective July 1, 2021): 50
74+(a) Except as provided in section 10a-151f, on and after July 1, [2006] 51 Substitute Bill No. 6444
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69-Sec. 2. Section 4-252 of the general statutes is repealed and the
70-following is substituted in lieu thereof (Effective July 1, 2021):
71-(a) Except as provided in section 10a-151f, on and after July 1, [2006]
72-2021, no state agency or quasi-public agency shall execute a large state
73-contract unless [the state agency or quasi-public agency obtains the
74-written or electronic certification] such contract contains the
75-representation described in this section. [Each such certification shall be
76-sworn as true to the best knowledge and belief of the person signing the
77-certification, subject to the penalties of false statement. If there is any
78-change in the information contained in the most recently filed
79-certification, such person shall submit an updated certification either (1)
80-not later than thirty days after the effective date of any such change, or
81-(2) upon the submittal of any new bid or proposal for a large state
82-contract, whichever is earlier. Such person shall also submit to the state
83-agency or quasi-public agency an accurate, updated certification not
84-later than fourteen days after the twelve-month anniversary of the most
85-recently filed certification or updated certification.]
86-(b) The official or employee of such state agency or quasi-public
87-agency who is authorized to execute state contracts shall [certify]
88-represent that the selection of the most qualified or highest ranked
89-person, firm or corporation was not the result of collusion, the giving of
90-a gift or the promise of a gift, compensation, fraud or inappropriate
91-influence from any person.
92-(c) Any principal or key personnel of the person, firm or corporation
93-submitting a bid or proposal for a large state contract shall [certify]
94-represent:
95-(1) That no gifts were made by (A) such person, firm, corporation, (B)
96-any principals and key personnel of the person, firm or corporation,
97-who participate substantially in preparing bids, proposals or
98-negotiating state contracts, or (C) any agent of such person, firm, Substitute House Bill No. 6444
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102-corporation or principals and key personnel, who participates
103-substantially in preparing bids, proposals or negotiating state contracts,
104-to (i) any public official or state employee of the state agency or quasi-
105-public agency soliciting bids or proposals for state contracts, who
106-participates substantially in the preparation of bid solicitations or
107-requests for proposals for state contracts or the negotiation or award of
108-state contracts, or (ii) any public official or state employee of any other
109-state agency, who has supervisory or appointing authority over such
110-state agency or quasi-public agency;
111-(2) That no such principals and key personnel of the person, firm or
112-corporation, or agent of such person, firm or corporation or principals
113-and key personnel, knows of any action by the person, firm or
114-corporation to circumvent such prohibition on gifts by providing for
115-any other principals and key personnel, official, employee or agent of
116-the person, firm or corporation to provide a gift to any such public
117-official or state employee; and
118-(3) That the person, firm or corporation is submitting bids or
119-proposals without fraud or collusion with any person.
120-(d) Any bidder or proposer that does not [make the certification]
121-agree to the representations required under this section shall be
122-[disqualified] rejected and the state agency or quasi-public agency shall
123-award the contract to the next highest ranked proposer or the next
124-lowest responsible qualified bidder or seek new bids or proposals.
125-(e) Each state agency and quasi-public agency shall include in the bid
126-specifications or request for proposals for a large state contract a notice
127-of the [certification] representation requirements of this section.
128-Sec. 3. Section 4-252a of the general statutes is repealed and the
129-following is substituted in lieu thereof (Effective July 1, 2021):
130-(a) For purposes of this section, "state agency" and "quasi-public Substitute House Bill No. 6444
81+2021, no state agency or quasi-public agency shall execute a large state 52
82+contract unless [the state agency or quasi-public agency obtains the 53
83+written or electronic certification] such contract contains the 54
84+representation described in this section. [Each such certification shall be 55
85+sworn as true to the best knowledge and belief of the person signing the 56
86+certification, subject to the penalties of false statement. If there is any 57
87+change in the information contained in the most recently filed 58
88+certification, such person shall submit an updated certification either (1) 59
89+not later than thirty days after the effective date of any such change, or 60
90+(2) upon the submittal of any new bid or proposal for a large state 61
91+contract, whichever is earlier. Such person shall also submit to the state 62
92+agency or quasi-public agency an accurate, updated certification not 63
93+later than fourteen days after the twelve-month anniversary of the most 64
94+recently filed certification or updated certification.] 65
95+(b) The official or employee of such state agency or quasi-public 66
96+agency who is authorized to execute state contracts shall [certify] 67
97+represent that the selection of the most qualified or highest ranked 68
98+person, firm or corporation was not the result of collusion, the giving of 69
99+a gift or the promise of a gift, compensation, fraud or inappropriate 70
100+influence from any person. 71
101+(c) Any principal or key personnel of the person, firm or corporation 72
102+submitting a bid or proposal for a large state contract shall [certify] 73
103+represent: 74
104+(1) That no gifts were made by (A) such person, firm, corporation, (B) 75
105+any principals and key personnel of the person, firm or corporation, 76
106+who participate substantially in preparing bids, proposals or 77
107+negotiating state contracts, or (C) any agent of such person, firm, 78
108+corporation or principals and key personnel, who participates 79
109+substantially in preparing bids, proposals or negotiating state contracts, 80
110+to (i) any public official or state employee of the state agency or quasi-81
111+public agency soliciting bids or proposals for state contracts, who 82
112+participates substantially in the preparation of bid solicitations or 83
113+requests for proposals for state contracts or the negotiation or award of 84 Substitute Bill No. 6444
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133115
134-agency" have the same meanings as provided in section 1-79, "large state
135-contract" has the same meaning as provided in section 4-250 and "entity"
136-means any corporation, general partnership, limited partnership,
137-limited liability partnership, joint venture, nonprofit organization or
138-other business organization whose principal place of business is located
139-outside of the United States, but excludes any United States subsidiary
140-of a foreign corporation.
141-(b) No state agency or quasi-public agency shall enter into any large
142-state contract, or amend or renew any such contract with any entity
143-[who (1) has failed to submit a written certification indicating whether
144-or not such entity has] unless such contract contains a certification that
145-such entity has not made a direct investment of twenty million dollars
146-or more in the energy sector of Iran on or after October 1, 2013, as
147-described in Section 202 of the Comprehensive Iran Sanctions,
148-Accountability and Divestment Act of 2010, [or has] and has not
149-increased or renewed such investment on or after said date. [, or (2) has
150-submitted a written certification indicating that such entity has made
151-such an investment on or after October 1, 2013, or has increased or
152-renewed such an investment on or after said date. Each such
153-certification shall be sworn as true to the best knowledge and belief of
154-the entity signing the certification, subject to the penalties of false
155-statement.]
156-(c) Each state agency and quasi-public agency shall include in the bid
157-specifications or request for proposals for a large state contract a notice
158-of the certification requirements of this section. [Prior to submitting a
159-bid or proposal for a large state contract, each bidder or proposer who
160-is an entity shall submit a certification that such bidder or proposer has
161-or has not made an investment as described in subsection (b) of this
162-section.]
163-(d) Any entity [who] that makes a good faith effort to determine
164-whether such entity has made an investment described in subsection (b) Substitute House Bill No. 6444
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120+state contracts, or (ii) any public official or state employee of any other 85
121+state agency, who has supervisory or appointing authority over such 86
122+state agency or quasi-public agency; 87
123+(2) That no such principals and key personnel of the person, firm or 88
124+corporation, or agent of such person, firm or corporation or principals 89
125+and key personnel, knows of any action by the person, firm or 90
126+corporation to circumvent such prohibition on gifts by providing for 91
127+any other principals and key personnel, official, employee or agent of 92
128+the person, firm or corporation to provide a gift to any such public 93
129+official or state employee; and 94
130+(3) That the person, firm or corporation is submitting bids or 95
131+proposals without fraud or collusion with any person. 96
132+(d) Any bidder or proposer that does not [make the certification] 97
133+agree to the representations required under this section shall be 98
134+[disqualified] rejected and the state agency or quasi-public agency shall 99
135+award the contract to the next highest ranked proposer or the next 100
136+lowest responsible qualified bidder or seek new bids or proposals. 101
137+(e) Each state agency and quasi-public agency shall include in the bid 102
138+specifications or request for proposals for a large state contract a notice 103
139+of the [certification] representation requirements of this section. 104
140+Sec. 3. Section 4-252a of the general statutes is repealed and the 105
141+following is substituted in lieu thereof (Effective July 1, 2021): 106
142+(a) For purposes of this section, "state agency" and "quasi-public 107
143+agency" have the same meanings as provided in section 1-79, "large state 108
144+contract" has the same meaning as provided in section 4-250 and "entity" 109
145+means any corporation, general partnership, limited partnership, 110
146+limited liability partnership, joint venture, nonprofit organization or 111
147+other business organization whose principal place of business is located 112
148+outside of the United States, but excludes any United States subsidiary 113
149+of a foreign corporation. 114 Substitute Bill No. 6444
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168-of this section shall not be subject to the penalties of false statement
169-pursuant to this section. A "good faith effort" for purposes of this
170-subsection includes a determination that such entity is not on the list of
171-persons who engage in certain investment activities in Iran created by
172-the Department of General Services of the state of California pursuant
173-to Division 2, Chapter 2.7 of the California Public Contract Code.
174-Nothing in this subsection shall be construed to impair the ability of the
175-state agency or quasi-public agency to pursue a breach of contract action
176-for any violation of the provisions of the contract.
177-(e) The provisions of this section shall not apply to any contract of the
178-Treasurer as trustee of the Connecticut retirement plans and trust funds,
179-as defined in section 3-13c, provided nothing in this subsection shall be
180-construed to prevent the Treasurer from performing his or her fiduciary
181-duties under section 3-13g.
182-Sec. 4. Section 4a-81 of the general statutes is repealed and the
183-following is substituted in lieu thereof (Effective July 1, 2021):
184-(a) Except as provided in section 10a-151f, no state agency or quasi-
185-public agency shall execute a contract for the purchase of goods or
186-services, which contract has a total value to the state of fifty thousand
187-dollars or more in any calendar or fiscal year, unless [the state agency or
188-quasi-public agency obtains the affidavit] such contract contains the
189-representations described in subsection (b) of this section.
190-(b) (1) [Any principal or key personnel of a person, firm or
191-corporation who submit bids or proposals for a] Each contract described
192-in subsection (a) of this section shall [attest in an affidavit as to] include
193-a representation whether any consulting agreement has been entered
194-into in connection with any such contract. Such [affidavit]
195-representation shall be required if any duties of the consultant included
196-communications concerning business of a state or quasi-public agency,
197-whether or not direct contact with a state agency, state or public official Substitute House Bill No. 6444
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201-or state employee was expected or made. As used in this section,
202-"consulting agreement" means any written or oral agreement to retain
203-the services, for a fee, of a consultant for the purposes of (A) providing
204-counsel to a contractor, vendor, consultant or other entity seeking to
205-conduct, or conducting, business with the state, (B) contacting, whether
206-in writing or orally, any executive, judicial, or administrative office of
207-the state, including any department, institution, bureau, board,
208-commission, authority, official or employee for the purpose of
209-solicitation, dispute resolution, introduction, requests for information,
210-or (C) any other similar activity related to such contracts. "Consulting
211-agreement" does not include any agreements entered into with a
212-consultant who is registered under the provisions of chapter 10 as of the
213-date such [affidavit is submitted] contract is executed in accordance
214-with the provisions of this section.
215-(2) Such [affidavit] representation shall be sworn as true to the best
216-knowledge and belief of the person signing the [certification on the
217-affidavit] contract and shall be subject to the penalties of false statement.
218-(3) Such [affidavit] representation shall include the following
219-information for each consulting agreement listed: The name of the
220-consultant, the consultant's firm, the basic terms of the consulting
221-agreement, a brief description of the services provided, and an
222-indication as to whether the consultant is a former state employee or
223-public official. If the consultant is a former state employee or public
224-official, such [affidavit] representation shall indicate his or her former
225-agency and the date such employment terminated.
226-[(4) After the initial submission of such affidavit, the principal or key
227-personnel of the person, firm or corporation shall not be required to
228-resubmit such affidavit unless there is a change in the information
229-contained in such affidavit. If there is any change in the information
230-contained in the most recently filed affidavit required under this section,
231-the principal or key personnel of a person, firm or corporation who Substitute House Bill No. 6444
156+(b) No state agency or quasi-public agency shall enter into any large 115
157+state contract, or amend or renew any such contract with any entity 116
158+[who (1) has failed to submit a written certification indicating whether 117
159+or not such entity has] unless such contract contains a certification that 118
160+such entity has not made a direct investment of twenty million dollars 119
161+or more in the energy sector of Iran on or after October 1, 2013, as 120
162+described in Section 202 of the Comprehensive Iran Sanctions, 121
163+Accountability and Divestment Act of 2010, [or has] and has not 122
164+increased or renewed such investment on or after said date. [, or (2) has 123
165+submitted a written certification indicating that such entity has made 124
166+such an investment on or after October 1, 2013, or has increased or 125
167+renewed such an investment on or after said date. Each such 126
168+certification shall be sworn as true to the best knowledge and belief of 127
169+the entity signing the certification, subject to the penalties of false 128
170+statement.] 129
171+(c) Each state agency and quasi-public agency shall include in the bid 130
172+specifications or request for proposals for a large state contract a notice 131
173+of the certification requirements of this section. [Prior to submitting a 132
174+bid or proposal for a large state contract, each bidder or proposer who 133
175+is an entity shall submit a certification that such bidder or proposer has 134
176+or has not made an investment as described in subsection (b) of this 135
177+section.] 136
178+(d) Any entity [who] that makes a good faith effort to determine 137
179+whether such entity has made an investment described in subsection (b) 138
180+of this section shall not be subject to the penalties of false statement 139
181+pursuant to this section. A "good faith effort" for purposes of this 140
182+subsection includes a determination that such entity is not on the list of 141
183+persons who engage in certain investment activities in Iran created by 142
184+the Department of General Services of the state of California pursuant 143
185+to Division 2, Chapter 2.7 of the California Public Contract Code. 144
186+Nothing in this subsection shall be construed to impair the ability of the 145
187+state agency or quasi-public agency to pursue a breach of contract action 146
188+for any violation of the provisions of the contract. 147 Substitute Bill No. 6444
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233-Public Act No. 21-76 8 of 40
234190
235-submit bids or proposals for a contract described in subsection (a) of this
236-section shall submit an updated affidavit either (A) not later than thirty
237-days after the effective date of any such change, or (B) upon the
238-submittal of any new bid or proposal, whichever is earlier.]
239-(c) Each state agency and quasi-public agency shall include a notice
240-of the [affidavit] representation requirements of this section in the bid
241-specifications or request for proposals for any contract that is described
242-in subsection (a) of this section.
243-(d) If a bidder or vendor refuses to [submit the affidavit] agree to the
244-representations required under [subsection] subsections (a) and (b) of
245-this section, such bidder or vendor shall be [disqualified] rejected and
246-the state agency or quasi-public agency shall award the contract to the
247-next highest ranked vendor or the next lowest responsible qualified
248-bidder or seek new bids or proposals.
249-Sec. 5. Subdivision (2) of subsection (f) of section 9-612 of the general
250-statutes is repealed and the following is substituted in lieu thereof
251-(Effective July 1, 2021):
252-(2) (A) No state contractor, prospective state contractor, principal of
253-a state contractor or principal of a prospective state contractor, with
254-regard to a state contract or a state contract solicitation with or from a
255-state agency in the executive branch or a quasi-public agency or a
256-holder, or principal of a holder, of a valid prequalification certificate,
257-shall make a contribution to, or, on and after January 1, 2011, knowingly
258-solicit contributions from the state contractor's or prospective state
259-contractor's employees or from a subcontractor or principals of the
260-subcontractor on behalf of (i) an exploratory committee or candidate
261-committee established by a candidate for nomination or election to the
262-office of Governor, Lieutenant Governor, Attorney General, State
263-Comptroller, Secretary of the State or State Treasurer, (ii) a political
264-committee authorized to make contributions or expenditures to or for Substitute House Bill No. 6444
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195+(e) The provisions of this section shall not apply to any contract of the 148
196+Treasurer as trustee of the Connecticut retirement plans and trust funds, 149
197+as defined in section 3-13c, provided nothing in this subsection shall be 150
198+construed to prevent the Treasurer from performing his or her fiduciary 151
199+duties under section 3-13g. 152
200+Sec. 4. Section 4a-81 of the general statutes is repealed and the 153
201+following is substituted in lieu thereof (Effective July 1, 2021): 154
202+(a) Except as provided in section 10a-151f, no state agency or quasi-155
203+public agency shall execute a contract for the purchase of goods or 156
204+services, which contract has a total value to the state of fifty thousand 157
205+dollars or more in any calendar or fiscal year, unless [the state agency or 158
206+quasi-public agency obtains the affidavit] such contract contains the 159
207+representations described in subsection (b) of this section. 160
208+(b) (1) [Any principal or key personnel of a person, firm or 161
209+corporation who submit bids or proposals for a] Each contract described 162
210+in subsection (a) of this section shall [attest in an affidavit as to] include 163
211+a representation whether any consulting agreement has been entered 164
212+into in connection with any such contract. Such [affidavit] 165
213+representation shall be required if any duties of the consultant included 166
214+communications concerning business of a state or quasi-public agency, 167
215+whether or not direct contact with a state agency, state or public official 168
216+or state employee was expected or made. As used in this section, 169
217+"consulting agreement" means any written or oral agreement to retain 170
218+the services, for a fee, of a consultant for the purposes of (A) providing 171
219+counsel to a contractor, vendor, consultant or other entity seeking to 172
220+conduct, or conducting, business with the state, (B) contacting, whether 173
221+in writing or orally, any executive, judicial, or administrative office of 174
222+the state, including any department, institution, bureau, board, 175
223+commission, authority, official or employee for the purpose of 176
224+solicitation, dispute resolution, introduction, requests for information, 177
225+or (C) any other similar activity related to such contracts. "Consulting 178
226+agreement" does not include any agreements entered into with a 179
227+consultant who is registered under the provisions of chapter 10 as of the 180 Substitute Bill No. 6444
267228
268-the benefit of such candidates, or (iii) a party committee;
269-(B) No state contractor, prospective state contractor, principal of a
270-state contractor or principal of a prospective state contractor, with
271-regard to a state contract or a state contract solicitation with or from the
272-General Assembly or a holder, or principal of a holder, of a valid
273-prequalification certificate, shall make a contribution to, or, on and after
274-January 1, 2011, knowingly solicit contributions from the state
275-contractor's or prospective state contractor's employees or from a
276-subcontractor or principals of the subcontractor on behalf of (i) an
277-exploratory committee or candidate committee established by a
278-candidate for nomination or election to the office of state senator or state
279-representative, (ii) a political committee authorized to make
280-contributions or expenditures to or for the benefit of such candidates, or
281-(iii) a party committee;
282-(C) If a state contractor or principal of a state contractor makes or
283-solicits a contribution as prohibited under subparagraph (A) or (B) of
284-this subdivision, as determined by the State Elections Enforcement
285-Commission, the contracting state agency or quasi-public agency may,
286-in the case of a state contract executed on or after February 8, 2007, void
287-the existing contract with such contractor, and no state agency or quasi-
288-public agency shall award the state contractor a state contract or an
289-extension or an amendment to a state contract for one year after the
290-election for which such contribution is made or solicited unless the
291-commission determines that mitigating circumstances exist concerning
292-such violation. No violation of the prohibitions contained in
293-subparagraph (A) or (B) of this subdivision shall be deemed to have
294-occurred if, and only if, the improper contribution is returned to the
295-principal by the later of thirty days after receipt of such contribution by
296-the recipient committee treasurer or the filing date that corresponds
297-with the reporting period in which such contribution was made;
298-(D) If a prospective state contractor or principal of a prospective state Substitute House Bill No. 6444
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301233
302-contractor makes or solicits a contribution as prohibited under
303-subparagraph (A) or (B) of this subdivision, as determined by the State
304-Elections Enforcement Commission, no state agency or quasi-public
305-agency shall award the prospective state contractor the contract
306-described in the state contract solicitation or any other state contract for
307-one year after the election for which such contribution is made or
308-solicited unless the commission determines that mitigating
309-circumstances exist concerning such violation. The Commissioner of
310-Administrative Services shall notify applicants of the provisions of this
311-subparagraph and subparagraphs (A) and (B) of this subdivision during
312-the prequalification application process; [and]
313-(E) The State Elections Enforcement Commission shall make
314-available to each state agency and quasi-public agency a written notice
315-advising state contractors and prospective state contractors of the
316-contribution and solicitation prohibitions contained in subparagraphs
317-(A) and (B) of this subdivision. Such notice shall: (i) Direct each state
318-contractor and prospective state contractor to inform each individual
319-described in subparagraph (F) of subdivision (1) of this subsection, with
320-regard to such state contractor or prospective state contractor, about the
321-provisions of subparagraph (A) or (B) of this subdivision, whichever is
322-applicable, and this subparagraph; (ii) inform each state contractor and
323-prospective state contractor of the civil and criminal penalties that could
324-be imposed for violations of such prohibitions if any such contribution
325-is made or solicited; (iii) inform each state contractor and prospective
326-state contractor that, in the case of a state contractor, if any such
327-contribution is made or solicited, the contract may be voided; (iv) inform
328-each state contractor and prospective state contractor that, in the case of
329-a prospective state contractor, if any such contribution is made or
330-solicited, the contract described in the state contract solicitation shall not
331-be awarded, unless the commission determines that mitigating
332-circumstances exist concerning such violation; and (v) inform each state
333-contractor and prospective state contractor that the state will not award Substitute House Bill No. 6444
234+date such [affidavit is submitted] contract is executed in accordance 181
235+with the provisions of this section. 182
236+(2) Such [affidavit] representation shall be sworn as true to the best 183
237+knowledge and belief of the person signing the [certification on the 184
238+affidavit] contract and shall be subject to the penalties of false statement. 185
239+(3) Such [affidavit] representation shall include the following 186
240+information for each consulting agreement listed: The name of the 187
241+consultant, the consultant's firm, the basic terms of the consulting 188
242+agreement, a brief description of the services provided, and an 189
243+indication as to whether the consultant is a former state employee or 190
244+public official. If the consultant is a former state employee or public 191
245+official, such [affidavit] representation shall indicate his or her former 192
246+agency and the date such employment terminated. 193
247+[(4) After the initial submission of such affidavit, the principal or key 194
248+personnel of the person, firm or corporation shall not be required to 195
249+resubmit such affidavit unless there is a change in the information 196
250+contained in such affidavit. If there is any change in the information 197
251+contained in the most recently filed affidavit required under this section, 198
252+the principal or key personnel of a person, firm or corporation who 199
253+submit bids or proposals for a contract described in subsection (a) of this 200
254+section shall submit an updated affidavit either (A) not later than thirty 201
255+days after the effective date of any such change, or (B) upon the 202
256+submittal of any new bid or proposal, whichever is earlier.] 203
257+(c) Each state agency and quasi-public agency shall include a notice 204
258+of the [affidavit] representation requirements of this section in the bid 205
259+specifications or request for proposals for any contract that is described 206
260+in subsection (a) of this section. 207
261+(d) If a bidder or vendor refuses to [submit the affidavit] agree to the 208
262+representations required under [subsection] subsections (a) and (b) of 209
263+this section, such bidder or vendor shall be [disqualified] rejected and 210
264+the state agency or quasi-public agency shall award the contract to the 211 Substitute Bill No. 6444
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336266
337-any other state contract to anyone found in violation of such
338-prohibitions for a period of one year after the election for which such
339-contribution is made or solicited, unless the commission determines that
340-mitigating circumstances exist concerning such violation. Each state
341-agency and quasi-public agency shall [distribute such notice to the chief
342-executive officer of its contractors and prospective state contractors, or
343-an authorized signatory to a state contract, and shall obtain a written
344-acknowledgment of the receipt of such notice.] include in the bid
345-specifications or request for proposals for a state contract, a copy of or
346-Internet link to such notice. No state agency or quasi-public agency shall
347-execute a state contract unless such contract contains a representation
348-that the chief executive officer or authorized signatory of the contract
349-has received such notice; and
350-(F) (i) Any principal of the state contractor or prospective state
351-contractor submitting a bid or proposal for a state contract shall certify
352-that neither the contractor or prospective state contractor, nor any of its
353-principals, have made any contributions to, or solicited any
354-contributions on behalf of, any party committee, exploratory committee,
355-candidate for state-wide office or for the General Assembly, or political
356-committee authorized to make contributions to or expenditures to or for,
357-the benefit of such candidates, in the previous four years, that were
358-determined by the State Elections Enforcement Commission to be in
359-violation of subparagraph (A) or (B) of this subdivision, without
360-mitigating circumstances having been found to exist concerning such
361-violation. Each such certification shall be sworn as true to the best
362-knowledge and belief of the person signing the certification, subject to
363-the penalties of false statement. If there is any change in the information
364-contained in the most recently filed certification, such person shall
365-submit an updated certification not later than thirty days after the
366-effective date of any such change or upon the submittal of any new bid
367-or proposal for a state contract, whichever is earlier. Substitute House Bill No. 6444
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271+next highest ranked vendor or the next lowest responsible qualified 212
272+bidder or seek new bids or proposals. 213
273+Sec. 5. Subdivision (2) of subsection (f) of section 9-612 of the general 214
274+statutes is repealed and the following is substituted in lieu thereof 215
275+(Effective July 1, 2021): 216
276+(2) (A) No state contractor, prospective state contractor, principal of 217
277+a state contractor or principal of a prospective state contractor, with 218
278+regard to a state contract or a state contract solicitation with or from a 219
279+state agency in the executive branch or a quasi-public agency or a 220
280+holder, or principal of a holder, of a valid prequalification certificate, 221
281+shall make a contribution to, or, on and after January 1, 2011, knowingly 222
282+solicit contributions from the state contractor's or prospective state 223
283+contractor's employees or from a subcontractor or principals of the 224
284+subcontractor on behalf of (i) an exploratory committee or candidate 225
285+committee established by a candidate for nomination or election to the 226
286+office of Governor, Lieutenant Governor, Attorney General, State 227
287+Comptroller, Secretary of the State or State Treasurer, (ii) a political 228
288+committee authorized to make contributions or expenditures to or for 229
289+the benefit of such candidates, or (iii) a party committee; 230
290+(B) No state contractor, prospective state contractor, principal of a 231
291+state contractor or principal of a prospective state contractor, with 232
292+regard to a state contract or a state contract solicitation with or from the 233
293+General Assembly or a holder, or principal of a holder, of a valid 234
294+prequalification certificate, shall make a contribution to, or, on and after 235
295+January 1, 2011, knowingly solicit contributions from the state 236
296+contractor's or prospective state contractor's employees or from a 237
297+subcontractor or principals of the subcontractor on behalf of (i) an 238
298+exploratory committee or candidate committee established by a 239
299+candidate for nomination or election to the office of state senator or state 240
300+representative, (ii) a political committee authorized to make 241
301+contributions or expenditures to or for the benefit of such candidates, or 242
302+(iii) a party committee; 243 Substitute Bill No. 6444
370303
371-(ii) Each state agency and quasi-public agency shall include in the bid
372-specifications or request for proposals for a state contract a notice of the
373-certification requirements of this subparagraph. No state agency or
374-quasi-public agency shall execute a state contract unless the state agency
375-or quasi-public agency obtains the written certification described in this
376-subparagraph.
377-(iii) Any principal of the state contractor or prospective state
378-contractor submitting a bid or proposal for a state contract shall disclose
379-on the certification all contributions made by any of its principals to any
380-party committee, exploratory committee, candidate for state-wide office
381-or for the General Assembly, or political committee authorized to make
382-contributions to or expenditures to or for the benefit of such candidates
383-for a period of four years prior to the signing of the contract or date of
384-the response to the bid, whichever is longer, and certify that all such
385-contributions have been disclosed.
386-Sec. 6. Subsection (c) of section 4a-60 of the general statutes is
387-repealed and the following is substituted in lieu thereof (Effective July 1,
388-2021):
389-(c) Except as provided in section 10a-151i:
390-(1) Any contractor who has one or more contracts with an awarding
391-agency or who is a party to a municipal public works contract or a
392-contract for a quasi-public agency project [, where any such contract is
393-valued at less than fifty thousand dollars for each year of the contract,
394-shall provide the awarding agency, or in the case of a municipal public
395-works or quasi-public agency project contract, the Commission on
396-Human Rights and Opportunities, with a written or electronic
397-representation that complies with the nondiscrimination agreement and
398-warranty under subdivision (1) of subsection (a) of this section,
399-provided if there is any change in such representation, the contractor
400-shall provide the updated representation to the awarding agency or Substitute House Bill No. 6444
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404-commission not later than thirty days after such change] shall include a
405-nondiscrimination affirmation provision certifying that the contractor
406-understands the obligations of this section and will maintain a policy for
407-the duration of the contract to assure that the contract will be performed
408-in compliance with the nondiscrimination requirements of subsection
409-(a) of this section. The authorized signatory of the contract shall
410-demonstrate his or her understanding of this obligation by either (A)
411-initialing the nondiscrimination affirmation provision in the body of the
412-contract, or (B) providing an affirmative response in the required online
413-bid or response to a proposal question which asks if the contractor
414-understands its obligations.
415-[(2) Any contractor who has one or more contracts with an awarding
416-agency or who is a party to a municipal public works contract or a
417-contract for a quasi-public agency project, where any such contract is
418-valued at fifty thousand dollars or more for any year of the contract,
419-shall provide the awarding agency, or in the case of a municipal public
420-works or quasi-public agency project contract, the Commission on
421-Human Rights and Opportunities, with any one of the following:
422-(A) Documentation in the form of a company or corporate policy
423-adopted by resolution of the board of directors, shareholders, managers,
424-members or other governing body of such contractor that complies with
425-the nondiscrimination agreement and warranty under subdivision (1) of
426-subsection (a) of this section;
427-(B) Documentation in the form of a company or corporate policy
428-adopted by a prior resolution of the board of directors, shareholders,
429-managers, members or other governing body of such contractor if (i) the
430-prior resolution is certified by a duly authorized corporate officer of
431-such contractor to be in effect on the date the documentation is
432-submitted, and (ii) the head of the awarding agency, or a designee, or in
433-the case of a municipal public works or quasi-public agency project
434-contract, the executive director of the Commission on Human Rights Substitute House Bill No. 6444
309+(C) If a state contractor or principal of a state contractor makes or 244
310+solicits a contribution as prohibited under subparagraph (A) or (B) of 245
311+this subdivision, as determined by the State Elections Enforcement 246
312+Commission, the contracting state agency or quasi-public agency may, 247
313+in the case of a state contract executed on or after February 8, 2007, void 248
314+the existing contract with such contractor, and no state agency or quasi-249
315+public agency shall award the state contractor a state contract or an 250
316+extension or an amendment to a state contract for one year after the 251
317+election for which such contribution is made or solicited unless the 252
318+commission determines that mitigating circumstances exist concerning 253
319+such violation. No violation of the prohibitions contained in 254
320+subparagraph (A) or (B) of this subdivision shall be deemed to have 255
321+occurred if, and only if, the improper contribution is returned to the 256
322+principal by the later of thirty days after receipt of such contribution by 257
323+the recipient committee treasurer or the filing date that corresponds 258
324+with the reporting period in which such contribution was made; 259
325+(D) If a prospective state contractor or principal of a prospective state 260
326+contractor makes or solicits a contribution as prohibited under 261
327+subparagraph (A) or (B) of this subdivision, as determined by the State 262
328+Elections Enforcement Commission, no state agency or quasi-public 263
329+agency shall award the prospective state contractor the contract 264
330+described in the state contract solicitation or any other state contract for 265
331+one year after the election for which such contribution is made or 266
332+solicited unless the commission determines that mitigating 267
333+circumstances exist concerning such violation. The Commissioner of 268
334+Administrative Services shall notify applicants of the provisions of this 269
335+subparagraph and subparagraphs (A) and (B) of this subdivision during 270
336+the prequalification application process; [and] 271
337+(E) The State Elections Enforcement Commission shall make 272
338+available to each state agency and quasi-public agency a written notice 273
339+advising state contractors and prospective state contractors of the 274
340+contribution and solicitation prohibitions contained in subparagraphs 275
341+(A) and (B) of this subdivision. Such notice shall: (i) Direct each state 276 Substitute Bill No. 6444
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437343
438-and Opportunities or a designee, certifies that the prior resolution
439-complies with the nondiscrimination agreement and warranty under
440-subdivision (1) of subsection (a) of this section; or
441-(C) Documentation in the form of an affidavit signed under penalty
442-of false statement by a chief executive officer, president, chairperson or
443-other corporate officer duly authorized to adopt company or corporate
444-policy that certifies that the company or corporate policy of the
445-contractor complies with the nondiscrimination agreement and
446-warranty under subdivision (1) of subsection (a) of this section and is in
447-effect on the date the affidavit is signed.]
448-[(3)] (2) No awarding agency, or in the case of a municipal public
449-works contract, no municipality, or in the case of a quasi-public agency
450-project contract, no entity, shall award a contract to a contractor [who]
451-that has not [provided the representation or documentation] included
452-the nondiscrimination affirmation provision in the contract and
453-demonstrated its understanding of such provision as required under
454-[subdivisions] subdivision (1) [and (2)] of this subsection. [, as
455-applicable. After the initial submission of such representation or
456-documentation, the contractor shall not be required to resubmit such
457-representation or documentation unless there is a change in the
458-information contained in such representation or documentation. If there
459-is any change in the information contained in the most recently filed
460-representation or updated documentation, the contractor shall submit
461-an updated representation or documentation, as applicable, either (A)
462-not later than thirty days after the effective date of such change, or (B)
463-upon the execution of a new contract with the awarding agency,
464-municipality or entity, as applicable, whichever is earlier. Such
465-contractor shall also certify, in accordance with subparagraph (B) or (C)
466-of subdivision (2) of this subsection, to the awarding agency or
467-commission, as applicable, not later than fourteen days after the twelve-
468-month anniversary of the most recently filed representation, Substitute House Bill No. 6444
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348+contractor and prospective state contractor to inform each individual 277
349+described in subparagraph (F) of subdivision (1) of this subsection, with 278
350+regard to such state contractor or prospective state contractor, about the 279
351+provisions of subparagraph (A) or (B) of this subdivision, whichever is 280
352+applicable, and this subparagraph; (ii) inform each state contractor and 281
353+prospective state contractor of the civil and criminal penalties that could 282
354+be imposed for violations of such prohibitions if any such contribution 283
355+is made or solicited; (iii) inform each state contractor and prospective 284
356+state contractor that, in the case of a state contractor, if any such 285
357+contribution is made or solicited, the contract may be voided; (iv) inform 286
358+each state contractor and prospective state contractor that, in the case of 287
359+a prospective state contractor, if any such contribution is made or 288
360+solicited, the contract described in the state contract solicitation shall not 289
361+be awarded, unless the commission determines that mitigating 290
362+circumstances exist concerning such violation; and (v) inform each state 291
363+contractor and prospective state contractor that the state will not award 292
364+any other state contract to anyone found in violation of such 293
365+prohibitions for a period of one year after the election for which such 294
366+contribution is made or solicited, unless the commission determines that 295
367+mitigating circumstances exist concerning such violation. Each state 296
368+agency and quasi-public agency shall [distribute such notice to the chief 297
369+executive officer of its contractors and prospective state contractors, or 298
370+an authorized signatory to a state contract, and shall obtain a written 299
371+acknowledgment of the receipt of such notice.] include in the bid 300
372+specifications or request for proposals for a state contract, a copy of or 301
373+Internet link to such notice. No state agency or quasi-public agency shall 302
374+execute a state contract unless such contract contains a representation 303
375+that the chief executive officer or authorized signatory of the contract 304
376+has received such notice; and 305
377+(F) (i) Any principal of the state contractor or prospective state 306
378+contractor submitting a bid or proposal for a state contract shall certify 307
379+that neither the contractor or prospective state contractor, nor any of its 308
380+principals, have made any contributions to, or solicited any 309
381+contributions on behalf of, any party committee, exploratory committee, 310 Substitute Bill No. 6444
471382
472-documentation or updated representation or documentation, that the
473-representation on file with the awarding agency or commission, as
474-applicable, is current and accurate.]
475-Sec. 7. Subsection (b) of section 4a-60a of the general statutes is
476-repealed and the following is substituted in lieu thereof (Effective July 1,
477-2021):
478-(b) Except as provided in section 10a-151i:
479-(1) Any contractor who has one or more contracts with an awarding
480-agency or who is a party to a municipal public works contract or a
481-contract for a quasi-public agency project [, where any such contract is
482-valued at less than fifty thousand dollars for each year of the contract,
483-shall provide the awarding agency, or in the case of a municipal public
484-works or quasi-public agency project contract, the Commission on
485-Human Rights and Opportunities, with a written representation that
486-complies with the nondiscrimination agreement and warranty under
487-subdivision (1) of subsection (a) of this section] shall include a
488-nondiscrimination affirmation provision in the contract certifying that
489-the contractor understands the obligations of this section and will
490-maintain a policy for the duration of the contract to assure that the
491-contract will be performed in conformance with the nondiscrimination
492-requirements of this section. The authorized signatory of the contract
493-shall demonstrate his or her understanding of this obligation by either
494-(A) initialing the nondiscrimination affirmation provision in the body of
495-the contract, or (B) providing an affirmative response in the required
496-online bid or response to a proposal question which asks if the
497-contractor understands its obligations.
498-[(2) Any contractor who has one or more contracts with an awarding
499-agency or who is a party to a municipal public works contract or a
500-contract for a quasi-public agency project, where any such contract is
501-valued at fifty thousand dollars or more for any year of the contract, Substitute House Bill No. 6444
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504387
505-shall provide such awarding agency, or in the case of a municipal public
506-works or quasi-public agency project contract, the Commission on
507-Human Rights and Opportunities, with any of the following:
508-(A) Documentation in the form of a company or corporate policy
509-adopted by resolution of the board of directors, shareholders, managers,
510-members or other governing body of such contractor that complies with
511-the nondiscrimination agreement and warranty under subdivision (1) of
512-subsection (a) of this section;
513-(B) Documentation in the form of a company or corporate policy
514-adopted by a prior resolution of the board of directors, shareholders,
515-managers, members or other governing body of such contractor if (i) the
516-prior resolution is certified by a duly authorized corporate officer of
517-such contractor to be in effect on the date the documentation is
518-submitted, and (ii) the head of the awarding agency, or a designee, or in
519-the case of a municipal public works or quasi-public agency project
520-contract, the executive director of the Commission on Human Rights
521-and Opportunities or a designee, certifies that the prior resolution
522-complies with the nondiscrimination agreement and warranty under
523-subdivision (1) of subsection (a) of this section; or
524-(C) Documentation in the form of an affidavit signed under penalty
525-of false statement by a chief executive officer, president, chairperson or
526-other corporate officer duly authorized to adopt company or corporate
527-policy that certifies that the company or corporate policy of the
528-contractor complies with the nondiscrimination agreement and
529-warranty under subdivision (1) of subsection (a) of this section and is in
530-effect on the date the affidavit is signed.]
531-[(3)] (2) No awarding agency, or in the case of a municipal public
532-works contract, no municipality, or in the case of a quasi-public agency
533-project contract, no entity, shall award a contract to a contractor who has
534-not [provided the representation or documentation] included the Substitute House Bill No. 6444
388+candidate for state-wide office or for the General Assembly, or political 311
389+committee authorized to make contributions to or expenditures to or for, 312
390+the benefit of such candidates, in the previous four years, that were 313
391+determined by the State Elections Enforcement Commission to be in 314
392+violation of subparagraph (A) or (B) of this subdivision, without 315
393+mitigating circumstances having been found to exist concerning such 316
394+violation. Each such certification shall be sworn as true to the best 317
395+knowledge and belief of the person signing the certification, subject to 318
396+the penalties of false statement. If there is any change in the information 319
397+contained in the most recently filed certification, such person shall 320
398+submit an updated certification not later than thirty days after the 321
399+effective date of any such change or upon the submittal of any new bid 322
400+or proposal for a state contract, whichever is earlier. 323
401+(ii) Each state agency and quasi-public agency shall include in the bid 324
402+specifications or request for proposals for a state contract a notice of the 325
403+certification requirements of this subparagraph. No state agency or 326
404+quasi-public agency shall execute a state contract unless the state agency 327
405+or quasi-public agency obtains the written certification described in this 328
406+subparagraph. 329
407+(iii) Any principal of the state contractor or prospective state 330
408+contractor submitting a bid or proposal for a state contract shall disclose 331
409+on the certification all contributions made by any of its principals to any 332
410+party committee, exploratory committee, candidate for state-wide office 333
411+or for the General Assembly, or political committee authorized to make 334
412+contributions to or expenditures to or for the benefit of such candidates 335
413+for a period of four years prior to the signing of the contract or date of 336
414+the response to the bid, whichever is longer, and certify that all such 337
415+contributions have been disclosed. 338
416+Sec. 6. Subsection (c) of section 4a-60 of the general statutes is 339
417+repealed and the following is substituted in lieu thereof (Effective July 1, 340
418+2021): 341
419+(c) Except as provided in section 10a-151i: 342 Substitute Bill No. 6444
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538-nondiscrimination affirmation provision in the contract and
539-demonstrated its understanding of such provision as required under
540-[subdivisions] subdivision (1) [and (2)] of this subsection. [, as
541-applicable. After the initial submission of such representation or
542-documentation, the contractor shall not be required to resubmit such
543-representation or documentation unless there is a change in the
544-information contained in such representation or documentation. If there
545-is any change in the information contained in the most recently filed
546-representation or updated documentation, the contractor shall submit
547-an updated representation or documentation, as applicable, either (A)
548-not later than thirty days after the effective date of such change, or (B)
549-upon the execution of a new contract with the awarding agency,
550-municipality, or entity, as applicable, whichever is earlier. Such
551-contractor shall also certify, in accordance with subparagraph (B) or (C)
552-of subdivision (2) of this subsection, to the awarding agency or
553-commission, as applicable, not later than fourteen days after the twelve-
554-month anniversary of the most recently filed representation,
555-documentation or updated representation or documentation, that the
556-representation on file with the awarding agency or commission, as
557-applicable, is current and accurate.]
558-Sec. 8. Subdivision (1) of subsection (a) of section 4a-60g of the general
559-statutes is repealed and the following is substituted in lieu thereof
560-(Effective October 1, 2021, and applicable to certifications issued or renewed on
561-or after said date):
562-(1) "Small contractor" means (A) any contractor, subcontractor,
563-manufacturer, service company or [nonprofit] corporation that [(A)
564-that] (i) maintains its principal place of business in the state, [(B) that
565-had gross revenues not exceeding twenty million dollars in the most
566-recently completed fiscal year prior to such application, and (C) that is
567-independent. "Small contractor" does not include any person who is
568-affiliated with another person if both persons considered together have Substitute House Bill No. 6444
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426+(1) Any contractor who has one or more contracts with an awarding 343
427+agency or who is a party to a municipal public works contract or a 344
428+contract for a quasi-public agency project [, where any such contract is 345
429+valued at less than fifty thousand dollars for each year of the contract, 346
430+shall provide the awarding agency, or in the case of a municipal public 347
431+works or quasi-public agency project contract, the Commission on 348
432+Human Rights and Opportunities, with a written or electronic 349
433+representation that complies with the nondiscrimination agreement and 350
434+warranty under subdivision (1) of subsection (a) of this section, 351
435+provided if there is any change in such representation, the contractor 352
436+shall provide the updated representation to the awarding agency or 353
437+commission not later than thirty days after such change] shall include a 354
438+nondiscrimination affirmation provision certifying that the contractor 355
439+understands the obligations of this section and will maintain a policy for 356
440+the duration of the contract to assure that the contract will be performed 357
441+in compliance with the nondiscrimination requirements of subsection 358
442+(a) of this section. The authorized signatory of the contract shall 359
443+demonstrate his or her understanding of this obligation by either (A) 360
444+initialing the nondiscrimination affirmation provision in the body of the 361
445+contract, or (B) providing an affirmative response in the required online 362
446+bid or response to a proposal question which asks if the contractor 363
447+understands its obligations. 364
448+[(2) Any contractor who has one or more contracts with an awarding 365
449+agency or who is a party to a municipal public works contract or a 366
450+contract for a quasi-public agency project, where any such contract is 367
451+valued at fifty thousand dollars or more for any year of the contract, 368
452+shall provide the awarding agency, or in the case of a municipal public 369
453+works or quasi-public agency project contract, the Commission on 370
454+Human Rights and Opportunities, with any one of the following: 371
455+(A) Documentation in the form of a company or corporate policy 372
456+adopted by resolution of the board of directors, shareholders, managers, 373
457+members or other governing body of such contractor that complies with 374
458+the nondiscrimination agreement and warranty under subdivision (1) of 375 Substitute Bill No. 6444
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572-a gross revenue exceeding twenty million dollars] and (ii) is registered
573-as a small business in the federal database maintained by the United
574-States General Services Administration, as required to do business with
575-the federal government, or (B) any nonprofit corporation that (i)
576-maintains its principal place of business in the state, (ii) had gross
577-revenues not exceeding twenty million dollars in the most recently
578-completed fiscal year prior to such application, and (iii) is independent.
579-Sec. 9. Subdivision (9) of subsection (a) of section 4a-60g of the general
580-statutes is repealed and the following is substituted in lieu thereof
581-(Effective October 1, 2021, and applicable to certifications issued or renewed on
582-or after said date):
583-(9) "Nonprofit corporation" means a [nonprofit] nonstock corporation
584-incorporated pursuant to chapter 602 or any predecessor statutes
585-thereto, which is exempt from taxation under any provision of section
586-501 of the Internal Revenue Code of 1986, or any subsequent
587-corresponding internal revenue code of the United States, as amended
588-from time to time.
589-Sec. 10. Subsection (f) of section 4a-60g of the general statutes is
590-repealed and the following is substituted in lieu thereof (Effective October
591-1, 2021):
592-(f) The awarding authority may require that a contractor or
593-subcontractor awarded a contract or a portion of a contract under this
594-section furnish the following documentation: (1) A copy of the certificate
595-of incorporation, certificate of limited partnership, partnership
596-agreement or other organizational documents of the contractor or
597-subcontractor; (2) a copy of federal income tax returns filed by the
598-contractor or subcontractor for the previous year; [and] (3) evidence of
599-payment of fair market value for the purchase or lease by the contractor
600-or subcontractor of property or equipment from another contractor who
601-is not eligible for set-aside contracts under this section; (4) evidence that Substitute House Bill No. 6444
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605-the principal place of business of the contractor or subcontractor is
606-located in the state; and (5) for any contractor or subcontractor certified
607-under subsection (k) of this section on or after October 1, 2021, evidence
608-of registration as a small business in the federal database maintained by
609-the United States General Services Administration, as required to do
610-business with the federal government.
611-Sec. 11. Subdivision (1) of subsection (k) of section 4a-60g of the
612-general statutes is repealed and the following is substituted in lieu
613-thereof (Effective October 1, 2021):
614-(k) (1) On or before January 1, 2000, the Commissioner of
615-Administrative Services shall establish a process for certification of
616-small contractors and minority business enterprises as eligible for set-
617-aside contracts. Each certification shall be valid for a period not to
618-exceed two years, unless the Commissioner of Administrative Services
619-determines that an extension of such certification is warranted,
620-provided any such extension shall not exceed a period of six months
621-from such certification's original expiration date. [Any paper
622-application for certification shall be no longer than six pages.] Any
623-certification issued prior to October 1, 2021, shall remain valid for the
624-term listed on such certification unless revoked pursuant to subdivision
625-(2) of this subsection. The Department of Administrative Services shall
626-maintain on its web site an updated directory of small contractors and
627-minority business enterprises certified under this section.
628-Sec. 12. Subsection (b) of section 4a-57 of the general statutes is
629-repealed and the following is substituted in lieu thereof (Effective July 1,
630-2021):
631-(b) The commissioner may, at [his] the commissioner's discretion,
632-waive the requirement of competitive bidding or competitive
633-negotiation in the case of minor nonrecurring [and] or emergency
634-purchases of ten thousand dollars or less in amount. Substitute House Bill No. 6444
465+subsection (a) of this section; 376
466+(B) Documentation in the form of a company or corporate policy 377
467+adopted by a prior resolution of the board of directors, shareholders, 378
468+managers, members or other governing body of such contractor if (i) the 379
469+prior resolution is certified by a duly authorized corporate officer of 380
470+such contractor to be in effect on the date the documentation is 381
471+submitted, and (ii) the head of the awarding agency, or a designee, or in 382
472+the case of a municipal public works or quasi-public agency project 383
473+contract, the executive director of the Commission on Human Rights 384
474+and Opportunities or a designee, certifies that the prior resolution 385
475+complies with the nondiscrimination agreement and warranty under 386
476+subdivision (1) of subsection (a) of this section; or 387
477+(C) Documentation in the form of an affidavit signed under penalty 388
478+of false statement by a chief executive officer, president, chairperson or 389
479+other corporate officer duly authorized to adopt company or corporate 390
480+policy that certifies that the company or corporate policy of the 391
481+contractor complies with the nondiscrimination agreement and 392
482+warranty under subdivision (1) of subsection (a) of this section and is in 393
483+effect on the date the affidavit is signed.] 394
484+[(3)] (2) No awarding agency, or in the case of a municipal public 395
485+works contract, no municipality, or in the case of a quasi-public agency 396
486+project contract, no entity, shall award a contract to a contractor [who] 397
487+that has not [provided the representation or documentation] included 398
488+the nondiscrimination affirmation provision in the contract and 399
489+demonstrated its understanding of such provision as required under 400
490+[subdivisions] subdivision (1) [and (2)] of this subsection. [, as 401
491+applicable. After the initial submission of such representation or 402
492+documentation, the contractor shall not be required to resubmit such 403
493+representation or documentation unless there is a change in the 404
494+information contained in such representation or documentation. If there 405
495+is any change in the information contained in the most recently filed 406
496+representation or updated documentation, the contractor shall submit 407
497+an updated representation or documentation, as applicable, either (A) 408 Substitute Bill No. 6444
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638-Sec. 13. Section 4a-60b of the general statutes is repealed and the
639-following is substituted in lieu thereof (Effective July 1, 2021):
640-(a) For the purposes of this section:
641-(1) "Reverse auction" means an on-line bidding process in which
642-qualified bidders or qualified proposers, anonymous to each other,
643-submit bids or proposals to provide goods, [or] supplies or services
644-pursuant to an invitation to bid or request for proposals; [and]
645-(2) "Contracting agency" means a state agency with statutory
646-authority to award contracts for goods, [or] supplies or services, or a
647-political subdivision of the state or school district; [.] and
648-(3) "Services" does not include construction or construction-related
649-services.
650-(b) Notwithstanding any provision of the general statutes, whenever
651-a contracting agency determines that the use of a reverse auction is
652-advantageous to the contracting agency and will ensure a competitive
653-contract award, the contracting agency may use a reverse auction to
654-award a contract for goods, [or] supplies or services, in accordance with
655-any applicable requirement of the general statutes and policies of the
656-contracting agency. The contracting agency may contract with a third
657-party to prepare and manage any such reverse auction.
658-Sec. 14. Section 32-39e of the general statutes is repealed and the
659-following is substituted in lieu thereof (Effective July 1, 2021):
660-(a) If, in the exercise of its powers under section 32-39, Connecticut
661-Innovations, Incorporated (1) finds that the use of a certain technology,
662-product or process (A) would promote public health and safety,
663-environmental protection or economic development, or (B) with regard
664-to state services, would promote efficiency, reduce administrative
665-burdens or otherwise improve such services, and (2) determines such Substitute House Bill No. 6444
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504+not later than thirty days after the effective date of such change, or (B) 409
505+upon the execution of a new contract with the awarding agency, 410
506+municipality or entity, as applicable, whichever is earlier. Such 411
507+contractor shall also certify, in accordance with subparagraph (B) or (C) 412
508+of subdivision (2) of this subsection, to the awarding agency or 413
509+commission, as applicable, not later than fourteen days after the twelve-414
510+month anniversary of the most recently filed representation, 415
511+documentation or updated representation or documentation, that the 416
512+representation on file with the awarding agency or commission, as 417
513+applicable, is current and accurate.] 418
514+Sec. 7. Subsection (b) of section 4a-60a of the general statutes is 419
515+repealed and the following is substituted in lieu thereof (Effective July 1, 420
516+2021): 421
517+(b) Except as provided in section 10a-151i: 422
518+(1) Any contractor who has one or more contracts with an awarding 423
519+agency or who is a party to a municipal public works contract or a 424
520+contract for a quasi-public agency project [, where any such contract is 425
521+valued at less than fifty thousand dollars for each year of the contract, 426
522+shall provide the awarding agency, or in the case of a municipal public 427
523+works or quasi-public agency project contract, the Commission on 428
524+Human Rights and Opportunities, with a written representation that 429
525+complies with the nondiscrimination agreement and warranty under 430
526+subdivision (1) of subsection (a) of this section] shall include a 431
527+nondiscrimination affirmation provision in the contract certifying that 432
528+the contractor understands the obligations of this section and will 433
529+maintain a policy for the duration of the contract to assure that the 434
530+contract will be performed in conformance with the nondiscrimination 435
531+requirements of this section. The authorized signatory of the contract 436
532+shall demonstrate his or her understanding of this obligation by either 437
533+(A) initialing the nondiscrimination affirmation provision in the body of 438
534+the contract, or (B) providing an affirmative response in the required 439
535+online bid or response to a proposal question which asks if the 440
536+contractor understands its obligations. 441 Substitute Bill No. 6444
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669-technology, product or process was developed by a business (A)
670-domiciled in this state to which the corporation has provided financial
671-assistance or in which the corporation has invested, or (B) which has
672-been certified as a small contractor or minority business enterprise by
673-the Commissioner of Administrative Services under section 4a-60g, as
674-amended by this act, the corporation, upon application of such business,
675-may recommend to the Secretary of the Office of Policy and
676-Management that an agency of the state, including, but not limited to,
677-any constituent unit of the state system of higher education, be
678-[directed] authorized to test such technology, product or process by
679-employing it in the operations of such agency on a trial basis. The
680-purpose of such test program shall be to validate the commercial
681-viability of such technology, product or process provided no business
682-in which Connecticut Innovations, Incorporated has invested shall be
683-required to participate in such program. [No]
684-(b) Connecticut Innovations, Incorporated shall make no such
685-recommendation [may be made] unless such business has submitted a
686-viable business plan to Connecticut Innovations, Incorporated for
687-manufacturing and marketing such technology, product or process and
688-such business demonstrates that (1) [will manufacture or produce such
689-technology, product or process in this state, (2) demonstrates that] the
690-usage of such technology, product or process by the state agency will
691-not adversely affect safety, [(3) demonstrates that] (2) sufficient research
692-and development has occurred to warrant participation in the test
693-program, [and (4) demonstrates that] (3) the technology, product or
694-process has potential for commercialization not later than two years
695-following the completion of any test program involving a state agency
696-under this section, and (4) such technology, product or process will have
697-a positive economic impact in the state, including the prospective
698-addition of jobs and economic activity upon such commercialization.
699-[(b)] (c) If the Secretary of the Office of Policy and Management finds Substitute House Bill No. 6444
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703-that employing such technology, product or process would be feasible
704-in the operations of a state agency and would not have any detrimental
705-effect on such operations, said secretary, notwithstanding the
706-requirement of chapter 58, may direct an agency of the state to accept
707-delivery of such technology, product or process and to undertake such
708-a test program. [Any] The Secretary of the Office of Policy and
709-Management, in consultation with the Commissioner of Administrative
710-Services, the chief executive officer of Connecticut Innovations,
711-Incorporated and the department head of the testing agency, shall
712-determine, on a case-by-case basis, whether the costs associated with the
713-acquisition and use of such technology, product or process by the testing
714-agency shall be borne by Connecticut Innovations, Incorporated, the
715-business or by any investor or participant in such business. The
716-acquisition of any technology, product or process for purposes of the
717-test program established pursuant to this section shall not be deemed to
718-be a purchase under the provisions of the state procurement policy. The
719-testing agency, on behalf of Connecticut Innovations, Incorporated shall
720-maintain records related to such test program, as requested by
721-Connecticut Innovations, Incorporated and shall make such records and
722-any other information derived from such test program available to
723-Connecticut Innovations, Incorporated and the business. Any
724-proprietary information derived from such test program shall be
725-exempt from the provisions of subsection (a) of section 1-210.
726-(d) If the Secretary of the Office of Policy and Management, in
727-consultation with the Commissioner of Administrative Services, the
728-chief executive officer of Connecticut Innovations, Incorporated and the
729-department head of the testing agency, determines that the test program
730-sufficiently demonstrates that the technology, product or process
731-promotes public health and safety, environmental protection, economic
732-development or efficiency, reduces administrative burdens or otherwise
733-improves state services, the Commissioner of Administrative Services
734-may procure such technology, product or process for use by any or all Substitute House Bill No. 6444
543+[(2) Any contractor who has one or more contracts with an awarding 442
544+agency or who is a party to a municipal public works contract or a 443
545+contract for a quasi-public agency project, where any such contract is 444
546+valued at fifty thousand dollars or more for any year of the contract, 445
547+shall provide such awarding agency, or in the case of a municipal public 446
548+works or quasi-public agency project contract, the Commission on 447
549+Human Rights and Opportunities, with any of the following: 448
550+(A) Documentation in the form of a company or corporate policy 449
551+adopted by resolution of the board of directors, shareholders, managers, 450
552+members or other governing body of such contractor that complies with 451
553+the nondiscrimination agreement and warranty under subdivision (1) of 452
554+subsection (a) of this section; 453
555+(B) Documentation in the form of a company or corporate policy 454
556+adopted by a prior resolution of the board of directors, shareholders, 455
557+managers, members or other governing body of such contractor if (i) the 456
558+prior resolution is certified by a duly authorized corporate officer of 457
559+such contractor to be in effect on the date the documentation is 458
560+submitted, and (ii) the head of the awarding agency, or a designee, or in 459
561+the case of a municipal public works or quasi-public agency project 460
562+contract, the executive director of the Commission on Human Rights 461
563+and Opportunities or a designee, certifies that the prior resolution 462
564+complies with the nondiscrimination agreement and warranty under 463
565+subdivision (1) of subsection (a) of this section; or 464
566+(C) Documentation in the form of an affidavit signed under penalty 465
567+of false statement by a chief executive officer, president, chairperson or 466
568+other corporate officer duly authorized to adopt company or corporate 467
569+policy that certifies that the company or corporate policy of the 468
570+contractor complies with the nondiscrimination agreement and 469
571+warranty under subdivision (1) of subsection (a) of this section and is in 470
572+effect on the date the affidavit is signed.] 471
573+[(3)] (2) No awarding agency, or in the case of a municipal public 472
574+works contract, no municipality, or in the case of a quasi-public agency 473 Substitute Bill No. 6444
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738-state agencies pursuant to subsection (b) of section 4a-58.
739-[(c)] (e) The Secretary of the Office of Policy and Management, the
740-Commissioner of Administrative Services and Connecticut Innovations,
741-Incorporated may develop a program to recognize state agencies that
742-help to promote public health and safety, environmental protection, [or]
743-economic development or efficiency, reduce administrative burdens or
744-improve state services by participating in a testing program under this
745-section. Such program may include the creation of a fund established
746-with savings accrued by the testing agency during its participation in
747-the testing program established under this section. Such fund shall only
748-be used to implement the program of recognition established by the
749-Secretary of the Office of Policy and Management, the Commissioner of
750-Administrative Services and Connecticut Innovations, Incorporated,
751-under the provisions of this subsection.
752-Sec. 15. Section 4a-53 of the general statutes is repealed and the
753-following is substituted in lieu thereof (Effective July 1, 2021):
754-(a) The Commissioner of Administrative Services may join with
755-federal agencies, other state governments, political subdivisions of this
756-state or nonprofit organizations in cooperative purchasing plans when
757-the best interests of the state would be served thereby.
758-(b) [The state, through] Any state agency, with the approval of the
759-Commissioner of Administrative Services or his or her designee, may
760-purchase equipment, supplies, materials and services from a person
761-who has a contract to sell such property or services to other state
762-governments, other branches, divisions or departments of this state,
763-political subdivisions of this state, nonprofit organizations or public
764-purchasing consortia, in accordance with the terms and conditions of
765-such contract.
766-(c) The Commissioner of Administrative Services, in conjunction with Substitute House Bill No. 6444
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581+project contract, no entity, shall award a contract to a contractor who has 474
582+not [provided the representation or documentation] included the 475
583+nondiscrimination affirmation provision in the contract and 476
584+demonstrated its understanding of such provision as required under 477
585+[subdivisions] subdivision (1) [and (2)] of this subsection. [, as 478
586+applicable. After the initial submission of such representation or 479
587+documentation, the contractor shall not be required to resubmit such 480
588+representation or documentation unless there is a change in the 481
589+information contained in such representation or documentation. If there 482
590+is any change in the information contained in the most recently filed 483
591+representation or updated documentation, the contractor shall submit 484
592+an updated representation or documentation, as applicable, either (A) 485
593+not later than thirty days after the effective date of such change, or (B) 486
594+upon the execution of a new contract with the awarding agency, 487
595+municipality, or entity, as applicable, whichever is earlier. Such 488
596+contractor shall also certify, in accordance with subparagraph (B) or (C) 489
597+of subdivision (2) of this subsection, to the awarding agency or 490
598+commission, as applicable, not later than fourteen days after the twelve-491
599+month anniversary of the most recently filed representation, 492
600+documentation or updated representation or documentation, that the 493
601+representation on file with the awarding agency or commission, as 494
602+applicable, is current and accurate.] 495
603+Sec. 8. Subdivision (1) of subsection (a) of section 4a-60g of the general 496
604+statutes is repealed and the following is substituted in lieu thereof 497
605+(Effective October 1, 2021, and applicable to certifications issued or renewed on 498
606+or after said date): 499
607+(1) "Small contractor" means (A) any contractor, subcontractor, 500
608+manufacturer, service company or [nonprofit] corporation that [(A) 501
609+that] (i) maintains its principal place of business in the state, [(B) that 502
610+had gross revenues not exceeding twenty million dollars in the most 503
611+recently completed fiscal year prior to such application, and (C) that is 504
612+independent. "Small contractor" does not include any person who is 505
613+affiliated with another person if both persons considered together have 506 Substitute Bill No. 6444
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770-the Department of Energy and Environmental Protection and within
771-available appropriations, shall make known to the chief executive
772-officer of each municipality the existence of cooperative plans for the
773-purchase of recycled paper.
774-Sec. 16. Section 4a-19 of the general statutes is repealed and the
775-following is substituted in lieu thereof (Effective July 1, 2021):
776-There shall be a State Insurance and Risk Management Board
777-consisting of [twelve] nine persons whom the Governor shall appoint
778-subject to the provisions of section 4-9a. [Four] Three of such appointees
779-shall be public members and [eight] six shall be qualified by training
780-and experience to carry out their duties under the provisions of sections
781-4a-20 and 4a-21. The Comptroller shall be an ex-officio voting member
782-of said board and may designate another person to act in his or her
783-place. Not more than [eight] five appointed members of said board shall,
784-at any time, be members of the same political party. Said appointed
785-members shall receive no compensation for the performance of their
786-duties as such but shall be reimbursed for their necessary expenses. The
787-board shall meet at least once during each calendar quarter and at such
788-other times as the chairperson deems necessary. Special meetings shall
789-be held on the request of a majority of the board after notice in
790-accordance with the provisions of section 1-225. [A majority] Five of the
791-members of the board shall constitute a quorum. Any member who fails
792-to attend three consecutive meetings or who fails to attend fifty per cent
793-of all meetings held during any calendar year shall be deemed to have
794-resigned from office. Said board shall be within the Department of
795-Administrative Services, provided the board shall have independent
796-decision-making authority. Said department shall provide staff support
797-for the board.
798-Sec. 17. (NEW) (Effective July 1, 2021) (a) As used in this section,
799-"agency" means each state board, authority, commission, department,
800-office, institution, council or other agency of the state including, but not Substitute House Bill No. 6444
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804-limited to, each constituent unit and each public institution of higher
805-education, and "quasi-public agency" has the same meaning as provided
806-in section 1-120 of the general statutes. Notwithstanding any provision
807-of the general statutes or public or special act, but subject to the
808-provisions of chapter 15 of the general statutes, any payment of fees due
809-to an agency or quasi-public agency may be made by any means of
810-electronic funds transfer adopted by such agency or quasi-public
811-agency.
812-(b) Notwithstanding any provision of the general statutes or public
813-or special act, but subject to the provisions of chapter 15 of the general
814-statutes, any correspondence or communication required to be
815-delivered to an agency or quasi-public agency by registered or certified
816-mail, return receipt requested, may be delivered by electronic means
817-with proof of a delivery receipt, in accordance with the provisions of
818-chapter 15 of the general statutes.
819-(c) Notwithstanding any provision of the general statutes or public or
820-special act, but subject to the provisions of chapter 15 of the general
821-statutes, any correspondence or communication required to be
822-delivered to an agency or quasi-public agency by United States mail or
823-facsimile may be delivered by electronic means, provided such agency
824-or quasi-public agency has determined such electronic delivery is
825-appropriate for such correspondence or communication.
826-(d) Notwithstanding any provision of the general statutes or public
827-or special act, but subject to the provisions of chapter 15 of the general
828-statutes, any requirement that an agency or quasi-public agency insert
829-an advertisement of a legal notice in a newspaper shall include posting
830-such notice on the agency's or quasi-public agency's Internet web site or
831-other electronic portal of the agency which is available to the general
832-public.
833-Sec. 18. Subsection (b) of section 4d-7 of the general statutes is Substitute House Bill No. 6444
620+a gross revenue exceeding twenty million dollars] and (ii) is certified as 507
621+a small business with the United States Small Business Administration, 508
622+or (B) any nonprofit corporation that (i) maintains its principal place of 509
623+business in the state, (ii) had gross revenues not exceeding twenty 510
624+million dollars in the most recently completed fiscal year prior to such 511
625+application, and (iii) is independent. 512
626+Sec. 9. Subdivision (9) of subsection (a) of section 4a-60g of the general 513
627+statutes is repealed and the following is substituted in lieu thereof 514
628+(Effective October 1, 2021, and applicable to certifications issued or renewed on 515
629+or after said date): 516
630+(9) "Nonprofit corporation" means a [nonprofit] nonstock corporation 517
631+incorporated pursuant to chapter 602 or any predecessor statutes 518
632+thereto, which is exempt from taxation under any provision of section 519
633+501 of the Internal Revenue Code of 1986, or any subsequent 520
634+corresponding internal revenue code of the United States, as amended 521
635+from time to time. 522
636+Sec. 10. Subsection (f) of section 4a-60g of the general statutes is 523
637+repealed and the following is substituted in lieu thereof (Effective October 524
638+1, 2021): 525
639+(f) The awarding authority may require that a contractor or 526
640+subcontractor awarded a contract or a portion of a contract under this 527
641+section furnish the following documentation: (1) A copy of the certificate 528
642+of incorporation, certificate of limited partnership, partnership 529
643+agreement or other organizational documents of the contractor or 530
644+subcontractor; (2) a copy of federal income tax returns filed by the 531
645+contractor or subcontractor for the previous year; [and] (3) evidence of 532
646+payment of fair market value for the purchase or lease by the contractor 533
647+or subcontractor of property or equipment from another contractor who 534
648+is not eligible for set-aside contracts under this section; (4) evidence that 535
649+the principal place of business of the contractor or subcontractor is 536
650+located in the state; and (5) for any contractor or subcontractor certified 537
651+under subsection (k) of this section on or after October 1, 2021, evidence 538 Substitute Bill No. 6444
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836653
837-repealed and the following is substituted in lieu thereof (Effective July 1,
838-2021):
839-(b) In order to facilitate the development of a fully integrated state-
840-wide information services and telecommunication system that
841-effectively and efficiently supports data processing and
842-telecommunication requirements of all state agencies, the strategic plan
843-shall include: (1) Guidelines and standards for the architecture for
844-information and telecommunication systems that support state
845-agencies, including, but not limited to, standards for digital identity
846-verification under section 1-276 that are consistent with industry
847-standards and best practices; (2) plans for a cost-effective state-wide
848-telecommunication network to support state agencies, which network
849-may consist of different types of transmission media, including wire,
850-fiber and radio, and shall be able to support voice, data, electronic mail,
851-video and facsimile transmission requirements and any other form of
852-information exchange that takes place via electromagnetic media; (3)
853-identification of annual expenditures and major capital commitments
854-for information and telecommunication systems; (4) identification of all
855-state agency technology projects; (5) a description of the efforts of
856-executive branch state agencies to use e-government solutions to deliver
857-state services and conduct state programs, including the feedback and
858-demands of clients of such agencies received by such agencies and such
859-agencies' plans to address client concerns by using online solutions,
860-when such solutions are determined feasible by such agencies; and (6)
861-potential opportunities for increasing the efficiency or reducing the
862-costs of the state's information and telecommunication systems.
863-Sec. 19. Section 4a-67d of the general statutes is repealed and the
864-following is substituted in lieu thereof (Effective July 1, 2021):
865-(a) The fleet average for cars or light duty trucks purchased by the
866-state shall: (1) On and after October 1, 2001, have a United States
867-Environmental Protection Agency estimated highway gasoline mileage Substitute House Bill No. 6444
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658+of certification with the United States Small Business Administration as 539
659+a small business. 540
660+Sec. 11. Subdivision (1) of subsection (k) of section 4a-60g of the 541
661+general statutes is repealed and the following is substituted in lieu 542
662+thereof (Effective October 1, 2021): 543
663+(k) (1) On or before January 1, 2000, the Commissioner of 544
664+Administrative Services shall establish a process for certification of 545
665+small contractors and minority business enterprises as eligible for set-546
666+aside contracts. Each certification shall be valid for a period not to 547
667+exceed two years, unless the Commissioner of Administrative Services 548
668+determines that an extension of such certification is warranted, 549
669+provided any such extension shall not exceed a period of six months 550
670+from such certification's original expiration date. [Any paper 551
671+application for certification shall be no longer than six pages.] Any 552
672+certification issued prior to October 1, 2021, shall remain valid for the 553
673+term listed on such certification unless revoked pursuant to subdivision 554
674+(2) of this subsection. The Department of Administrative Services shall 555
675+maintain on its web site an updated directory of small contractors and 556
676+minority business enterprises certified under this section. 557
677+Sec. 12. Subsection (b) of section 4a-57 of the general statutes is 558
678+repealed and the following is substituted in lieu thereof (Effective July 1, 559
679+2021): 560
680+(b) The commissioner may, at [his] the commissioner's discretion, 561
681+waive the requirement of competitive bidding or competitive 562
682+negotiation in the case of minor nonrecurring [and] or emergency 563
683+purchases of ten thousand dollars or less in amount. 564
684+Sec. 13. Section 4a-60b of the general statutes is repealed and the 565
685+following is substituted in lieu thereof (Effective July 1, 2021): 566
686+(a) For the purposes of this section: 567
687+(1) "Reverse auction" means an on-line bidding process in which 568 Substitute Bill No. 6444
870688
871-rating of at least thirty-five miles per gallon and on and after January 1,
872-2003, have a United States Environmental Protection Agency estimated
873-highway gasoline mileage rating of at least forty miles per gallon, (2)
874-comply with the requirements set forth in 10 CFR 490 concerning the
875-percentage of alternative-fueled vehicles required in the state motor
876-vehicle fleet, and (3) obtain the best achievable mileage per pound of
877-carbon dioxide emitted in its class. The alternative-fueled vehicles
878-purchased by the state to comply with said requirements shall be
879-capable of operating on natural gas or electricity or any other system
880-acceptable to the United States Department of Energy that operates on
881-fuel that is available in the state.
882-(b) Notwithstanding any other provisions of this section, (1) on and
883-after January 1, 2008: (A) At least fifty per cent of all cars and light duty
884-trucks purchased or leased by the state shall be alternative-fueled,
885-hybrid electric or plug-in electric vehicles, (B) all alternative-fueled
886-vehicles purchased or leased by the state shall be certified to the
887-California Air Resources Board's Low Emission Vehicle II Ultra Low
888-Emission Vehicle Standard, and (C) all gasoline-powered light duty and
889-hybrid vehicles purchased or leased by the state shall, at a minimum, be
890-certified to the California Air Resource Board's Low Emission Vehicle II
891-Ultra Low Emission Vehicle Standard, (2) on and after January 1, 2012,
892-one hundred per cent of such cars and light duty trucks shall be
893-alternative-fueled, hybrid electric or plug-in electric vehicles, and (3) on
894-and after January 1, 2030, at least fifty per cent of such cars and light
895-duty trucks shall be zero-emission vehicles.
896-(c) On and after January 1, 2030, at least thirty per cent of all buses
897-purchased or leased by the state shall be zero-emission buses.
898-[(d) If the Commissioner of Administrative Services determines that
899-the vehicles required by the provisions of subsections (b) and (c) of this
900-section are not available for purchase or lease, the Commissioner of
901-Administrative Services shall include an explanation of such Substitute House Bill No. 6444
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905-determination in the annual report described in subsection (g) of this
906-section.]
907-[(e)] (d) The provisions of subsections (a) to (c), inclusive, of this
908-section shall not apply to any emergency vehicle.
909-[(f)] (e) As used in this section, (1) "emergency vehicle" means a
910-vehicle used by the Department of Motor Vehicles, Department of
911-Emergency Services and Public Protection, Department of Energy and
912-Environmental Protection, Department of Correction, Office of State
913-Capitol Police, Department of Mental Health and Addiction Services,
914-Department of Developmental Services, Department of Social Services,
915-Department of Children and Families, Department of Transportation,
916-Judicial Department, Board of Pardons and Paroles, Board of Regents
917-for Higher Education, The University of Connecticut or The University
918-of Connecticut Health Center for law enforcement or emergency
919-response purposes, (2) "hybrid" means a passenger car that draws
920-acceleration energy from two on-board sources of stored energy that
921-consists of either an internal combustion or heat engine which uses
922-combustible fuel and a rechargeable energy storage system, and, for any
923-passenger car or light duty truck with a model year of 2004 or newer,
924-that is certified to meet or exceed the California Air Resources Board's
925-LEV (Low Emission Vehicle) II LEV Standard, (3) "zero-emission
926-vehicle" means a battery electric vehicle, hybrid electric vehicle, range-
927-extended electric vehicle and any vehicle that is certified by the
928-executive officer of the California Air Resources Board to produce zero
929-emissions of any criteria pollutant under all operational modes and
930-conditions, and (4) "zero-emission bus" means any urban bus certified
931-by the executive officer of the California Air Resources Board to produce
932-zero emissions of any criteria pollutant under all operational modes and
933-conditions.
934-[(g) On or before January 1, 2008, and annually thereafter, the
935-Commissioner of Administrative Services, in consultation with the Substitute House Bill No. 6444
694+qualified bidders or qualified proposers, anonymous to each other, 569
695+submit bids or proposals to provide goods, [or] supplies or services 570
696+pursuant to an invitation to bid or request for proposals; [and] 571
697+(2) "Contracting agency" means a state agency with statutory 572
698+authority to award contracts for goods, [or] supplies or services, or a 573
699+political subdivision of the state or school district; and 574
700+(3) "Services" does not include construction or construction-related 575
701+services. 576
702+(b) Notwithstanding any provision of the general statutes, whenever 577
703+a contracting agency determines that the use of a reverse auction is 578
704+advantageous to the contracting agency and will ensure a competitive 579
705+contract award, the contracting agency may use a reverse auction to 580
706+award a contract for goods, [or] supplies or services, in accordance with 581
707+any applicable requirement of the general statutes and policies of the 582
708+contracting agency. The contracting agency may contract with a third 583
709+party to prepare and manage any such reverse auction. 584
710+Sec. 14. Section 32-39e of the general statutes is repealed and the 585
711+following is substituted in lieu thereof (Effective July 1, 2021): 586
712+(a) If, in the exercise of its powers under section 32-39, Connecticut 587
713+Innovations, Incorporated (1) finds that the use of a certain technology, 588
714+product or process (A) would promote public health and safety, 589
715+environmental protection or economic development, or (B) with regard 590
716+to state services, would promote efficiency, reduce administrative 591
717+burdens or otherwise improve such services, and (2) determines such 592
718+technology, product or process was developed by a business (A) 593
719+domiciled in this state to which the corporation has provided financial 594
720+assistance or in which the corporation has invested, or (B) which has 595
721+been certified as a small contractor or minority business enterprise by 596
722+the Commissioner of Administrative Services under section 4a-60g, as 597
723+amended by this act, the corporation, upon application of such business, 598
724+may recommend to the Secretary of the Office of Policy and 599 Substitute Bill No. 6444
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938726
939-Commissioner of Transportation, shall file a report with the joint
940-standing committees of the General Assembly having cognizance of
941-matters relating to government administration, the environment and
942-energy that includes: (1) Details on the composition of the state fleet,
943-including, but not limited to, a listing of all vehicles owned, leased or
944-used by the Departments of Transportation and Emergency Services
945-and Public Protection, the make, model and fuel type of vehicles that
946-compose the state fleet and the amount of fuel, including alternative
947-fuels, that each vehicle uses, (2) any changes to the determination made
948-by the Commissioner of Energy and Environmental Protection pursuant
949-to subsection (a) of section 35 of public act 07-4 of the June special
950-session or any update concerning the waiver application submitted
951-pursuant to subsection (a) of section 35 of public act 07-4 of the June
952-special session, as applicable, (3) any changes or amendments to the
953-plan required by subsection (b) of section 35 of public act 07-4 of the June
954-special session, (4) any changes or amendments to the plan required by
955-subsection (c) of section 35 of public act 07-4 of the June special session,
956-(5) a vehicle purchasing and procurement three-year plan that aligns
957-with the requirements of subdivision (3) of subsection (b) of this section
958-and subsection (c) of this section, and (6) an assessment of the
959-availability of zero-emission medium and heavy duty trucks and the
960-feasibility of the state purchasing or leasing zero-emission medium and
961-heavy duty trucks. The Departments of Transportation and Emergency
962-Services and Public Protection shall submit all data requested of said
963-departments by the Department of Administrative Services in
964-connection with the preparation of such report.
965-(h) The Commissioner of Administrative Services may enter into any
966-agreement necessary to carry out the provisions of subsection (g) of this
967-section.]
968-[(i)] (f) In performing the requirements of this section, the
969-Commissioners of Administrative Services, Energy and Environmental Substitute House Bill No. 6444
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731+Management that an agency of the state, including, but not limited to, 600
732+any constituent unit of the state system of higher education, be 601
733+[directed] authorized to test such technology, product or process by 602
734+employing it in the operations of such agency on a trial basis. The 603
735+purpose of such test program shall be to validate the commercial 604
736+viability of such technology, product or process provided no business 605
737+in which Connecticut Innovations, Incorporated has invested shall be 606
738+required to participate in such program. 607
739+(b) [No] Connecticut Innovations, Incorporated shall make no such 608
740+recommendation [may be made] unless such business has submitted a 609
741+viable business plan to Connecticut Innovations, Incorporated for 610
742+manufacturing and marketing such technology, product or process and 611
743+such business demonstrates that (1) [will manufacture or produce such 612
744+technology, product or process in this state, (2) demonstrates that] the 613
745+usage of such technology, product or process by the state agency will 614
746+not adversely affect safety, [(3) demonstrates that] (2) sufficient research 615
747+and development has occurred to warrant participation in the test 616
748+program, [and (4) demonstrates that] (3) the technology, product or 617
749+process has potential for commercialization not later than two years 618
750+following the completion of any test program involving a state agency 619
751+under this section, and (4) such technology, product or process will have 620
752+a positive economic impact in the state, including the prospective 621
753+addition of jobs and economic activity upon such commercialization. 622
754+[(b)] (c) If the Secretary of the Office of Policy and Management finds 623
755+that employing such technology, product or process would be feasible 624
756+in the operations of a state agency and would not have any detrimental 625
757+effect on such operations, said secretary, notwithstanding the 626
758+requirement of chapter 58, may direct an agency of the state to accept 627
759+delivery of such technology, product or process and to undertake such 628
760+a test program. [Any] The Secretary of the Office of Policy and 629
761+Management, in consultation with the Commissioner of Administrative 630
762+Services, the chief executive officer of Connecticut Innovations, 631
763+Incorporated and the department head of the testing agency, shall 632 Substitute Bill No. 6444
972764
973-Protection and Transportation shall, whenever possible, consider the
974-use of and impact on Connecticut-based companies.
975-[(j)] (g) The Commissioner of Administrative Services, in consultation
976-with the Commissioner of Transportation, shall study the feasibility of
977-creating a competitive bid process for the aggregate procurement of
978-zero-emission vehicles and zero-emission buses and determine whether
979-such aggregate procurement would achieve a cost savings on the
980-purchase of such vehicles and buses and related administrative costs.
981-On or before January 1, 2020, the Commissioner of Administrative
982-Services shall report, in accordance with the provisions of section 11-4a,
983-on the results of such study to the joint standing committees of the
984-General Assembly having cognizance of matters relating to government
985-administration and transportation. The Commissioner of
986-Administrative Services may proceed with such aggregate procurement
987-if the commissioner determines such aggregate procurement would
988-achieve a cost savings.
989-Sec. 20. Subsection (e) of section 4a-52a of the general statutes is
990-repealed and the following is substituted in lieu thereof (Effective July 1,
991-2021):
992-(e) Notwithstanding the provisions of sections 4a-51 and 4a-52, the
993-Commissioner of Administrative Services may delegate authority to any
994-state agency to purchase supplies, materials, equipment and contractual
995-services, consistent with section 4a-67c, if the commissioner determines,
996-in writing, that (1) such delegation would reduce state purchasing costs
997-or result in more efficient state purchasing, and (2) the agency has
998-employees with experience and expertise in state purchasing statutes,
999-regulations and procedures. In determining which agencies to delegate
1000-such purchasing authority to, the commissioner shall give preference to
1001-agencies which have exceeded the set-aside requirements of section 4a-
1002-60g, as amended by this act. An agency to whom such authority is
1003-delegated shall comply with all such statutes, regulations and Substitute House Bill No. 6444
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1007-procedures. [and shall submit annual reports to the Commissioner of
1008-Administrative Services on its purchase orders, in a format prescribed
1009-by the commissioner.] The Commissioner of Administrative Services or
1010-his or her designee shall periodically review each such delegation of
1011-purchasing authority and may revoke or modify a delegation upon
1012-determining that the agency has violated any provision of the
1013-delegation or that there is evidence of insufficient competition in the
1014-competitive bidding or competitive negotiation process.
1015-Sec. 21. Section 4a-6 of the general statutes is repealed and the
1016-following is substituted in lieu thereof (Effective July 1, 2021):
1017-[(a)] No state agency shall enter into any agreement, whether oral or
1018-written, or renew any agreement for the leasing of any personal
1019-property, except upon approval of the Commissioner of Administrative
1020-Services and subject to such procedures as the commissioner may
1021-establish respecting the leasing of personal property. The commissioner
1022-shall cause to be kept a complete record of all personal property leased
1023-by state agencies, the location of each item of such property and a copy
1024-of all leasing agreements and renewals thereof.
1025-[(b) On or before the fourth Wednesday after the convening of each
1026-regular session of the General Assembly, the commissioner shall file
1027-with the joint standing committee of the General Assembly having
1028-cognizance of matters relating to appropriations and the budgets of state
1029-agencies, a complete listing of all items of personal property leased by
1030-state agencies, indicating each item leased, the lessee agency, the lessor
1031-and the annual rental thereof.]
1032-Sec. 22. Section 29-251a of the general statutes is repealed and the
1033-following is substituted in lieu thereof (Effective July 1, 2021):
1034-As used in this section, "program requirements" means any program
1035-or part of a program which is required by law. The Commissioner of Substitute House Bill No. 6444
770+determine, on a case-by-case basis, whether the costs associated with the 633
771+acquisition and use of such technology, product or process by the testing 634
772+agency shall be borne by Connecticut Innovations, Incorporated, the 635
773+business or by any investor or participant in such business. The 636
774+acquisition of any technology, product or process for purposes of the 637
775+test program established pursuant to this section shall not be deemed to 638
776+be a purchase under the provisions of the state procurement policy. The 639
777+testing agency, on behalf of Connecticut Innovations, Incorporated shall 640
778+maintain records related to such test program, as requested by 641
779+Connecticut Innovations, Incorporated and shall make such records and 642
780+any other information derived from such test program available to 643
781+Connecticut Innovations, Incorporated and the business. Any 644
782+proprietary information derived from such test program shall be 645
783+exempt from the provisions of subsection (a) of section 1-210. 646
784+(d) If the Secretary of the Office of Policy and Management, in 647
785+consultation with the Commissioner of Administrative Services, the 648
786+chief executive officer of Connecticut Innovations, Incorporated and the 649
787+department head of the testing agency, determines that the test program 650
788+sufficiently demonstrates that the technology, product or process 651
789+promotes public health and safety, environmental protection, economic 652
790+development or efficiency, reduces administrative burdens or otherwise 653
791+improves state services, the Commissioner of Administrative Services 654
792+may procure such technology, product or process for use by any or all 655
793+state agencies pursuant to subsection (b) of section 4a-58. 656
794+[(c)] (e) The Secretary of the Office of Policy and Management, the 657
795+Commissioner of Administrative Services and Connecticut Innovations, 658
796+Incorporated may develop a program to recognize state agencies that 659
797+help to promote public health and safety, environmental protection, [or] 660
798+economic development or efficiency, reduce administrative burdens or 661
799+improve state services by participating in a testing program under this 662
800+section. Such program may include the creation of a fund established 663
801+with savings accrued by the testing agency during its participation in 664
802+the testing program established under this section. Such fund shall only 665 Substitute Bill No. 6444
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1038804
1039-Administrative Services, in consultation with the Codes and Standards
1040-Committee, shall conduct a review of existing regulations of each state
1041-agency to determine whether any provision of such regulations conflicts
1042-with the State Building Code, the Fire Safety Code, the State Fire
1043-Prevention Code or any other fire safety regulation adopted under this
1044-chapter. The commissioner shall make recommendations to the
1045-department head of any state agency which has regulations that are in
1046-conflict with the State Building Code, the Fire Safety Code, the State Fire
1047-Prevention Code or any other fire safety regulation adopted under this
1048-chapter for the amendment of such regulations so they no longer are in
1049-conflict with said codes or any such fire safety regulations. Not later
1050-than ninety days following receipt of such recommendations, the
1051-department head of such state agency shall initiate the process under
1052-chapter 54 to amend or repeal such regulation in order to bring such
1053-regulation into compliance with the State Building Code, the Fire Safety
1054-Code, the State Fire Prevention Code or any other fire safety regulation
1055-adopted under this chapter as the case may be, unless the amendment
1056-or repeal of such regulation would result in a conflict with the applicable
1057-agency's program requirements. [The Commissioner of Administrative
1058-Services, in consultation with the Codes and Standards Committee, shall
1059-report such recommendations to the joint standing committee of the
1060-General Assembly having cognizance of matters relating to public
1061-safety.]
1062-Sec. 23. Section 29-418 of the general statutes is repealed and the
1063-following is substituted in lieu thereof (Effective July 1, 2021):
1064-(a) All testing by or on behalf of a holder of a cigarette manufacturer's
1065-license or by or on behalf of the Office of the State Fire Marshal to
1066-determine a cigarette's compliance with the performance standard
1067-specified in this section shall be conducted in accordance with the
1068-following requirements:
1069-(1) Testing of cigarettes shall be conducted in accordance with the Substitute House Bill No. 6444
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809+be used to implement the program of recognition established by the 666
810+Secretary of the Office of Policy and Management, the Commissioner of 667
811+Administrative Services and Connecticut Innovations, Incorporated, 668
812+under the provisions of this subsection. 669
813+Sec. 15. Section 4a-53 of the general statutes is repealed and the 670
814+following is substituted in lieu thereof (Effective July 1, 2021): 671
815+(a) The Commissioner of Administrative Services may join with 672
816+federal agencies, other state governments, political subdivisions of this 673
817+state or nonprofit organizations in cooperative purchasing plans when 674
818+the best interests of the state would be served thereby. 675
819+(b) [The state, through] Any state agency, with the approval of the 676
820+Commissioner of Administrative Services or his or her designee, may 677
821+purchase equipment, supplies, materials and services from a person 678
822+who has a contract to sell such property or services to other state 679
823+governments, other branches, divisions or departments of this state, 680
824+political subdivisions of this state, nonprofit organizations or public 681
825+purchasing consortia, in accordance with the terms and conditions of 682
826+such contract. 683
827+(c) The Commissioner of Administrative Services, in conjunction with 684
828+the Department of Energy and Environmental Protection and within 685
829+available appropriations, shall make known to the chief executive 686
830+officer of each municipality the existence of cooperative plans for the 687
831+purchase of recycled paper. 688
832+Sec. 16. Section 4a-19 of the general statutes is repealed and the 689
833+following is substituted in lieu thereof (Effective July 1, 2021): 690
834+There shall be a State Insurance and Risk Management Board 691
835+consisting of [twelve] nine persons whom the Governor shall appoint 692
836+subject to the provisions of section 4-9a. [Four] Three of such appointees 693
837+shall be public members and [eight] six shall be qualified by training 694
838+and experience to carry out their duties under the provisions of sections 695
839+4a-20 and 4a-21. The Comptroller shall be an ex-officio voting member 696 Substitute Bill No. 6444
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1073-American Society of Testing and Materials or "ASTM" standard E2187-
1074-04, "Standard Test Method for Measuring the Ignition Strength of
1075-Cigarettes" or a subsequent ASTM Standard Test Method for Measuring
1076-the Ignition Strength of Cigarettes upon a finding by the State Fire
1077-Marshal that such subsequent method does not result in a change in the
1078-percentage of full-length burns exhibited by any tested cigarette when
1079-compared to the percentage of full-length burns the same cigarette
1080-would exhibit when tested in accordance with ASTM standard E2187-
1081-04 and the performance standard in subdivision (3) of this subsection;
1082-(2) Testing shall be conducted on ten layers of filter paper;
1083-(3) Not more than twenty-five per cent of the cigarettes tested in a test
1084-trial in accordance with this section shall exhibit full-length burns. Forty
1085-replicate tests shall comprise a complete test trial for each cigarette
1086-tested;
1087-(4) The performance standard required by this section shall only be
1088-applied to a complete test trial;
1089-(5) Written certifications shall be based upon testing conducted by a
1090-laboratory that has been accredited pursuant to standard ISO or IEC
1091-17025 of the International Organization for Standardization or such
1092-other comparable accreditation standard as the Office of the State Fire
1093-Marshal may require by regulation;
1094-(6) Laboratories conducting testing in accordance with this section
1095-shall implement a quality control and quality assurance program that
1096-includes a procedure that will determine the repeatability of the testing
1097-results. The repeatability value shall be no greater than 0.19. Such
1098-program ensures that the testing repeatability remains within the
1099-required repeatability value set forth in this subdivision for all test trials
1100-used to certify cigarettes in accordance with this section and section 29-
1101-419; and Substitute House Bill No. 6444
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1105-(7) No additional testing under this section is required if cigarettes
1106-are tested consistent with this section for any other purpose.
1107-(b) Each cigarette that uses lowered permeability bands in the
1108-cigarette paper to achieve compliance with the performance standard
1109-set forth in this section shall have not less than two nominally identical
1110-bands on the paper surrounding the tobacco column. At least one
1111-complete band shall be located not less than fifteen millimeters from the
1112-lighting end of the cigarette. For cigarettes on which the bands are
1113-positioned by design, there shall be not less than two bands fully located
1114-at least fifteen millimeters from the lighting end and ten millimeters
1115-from the filter end of the tobacco column, or ten millimeters from the
1116-labeled end of the tobacco column for nonfiltered cigarettes.
1117-(c) A holder of a cigarette manufacturer's license that manufactures a
1118-cigarette that the State Fire Marshal determines cannot be tested in
1119-accordance with the test method prescribed in subdivision (1) of
1120-subsection (a) of this section may propose an alternate test method and
1121-performance standard for the cigarette to the State Fire Marshal. Upon
1122-approval and a determination by the State Fire Marshal that the
1123-performance standard proposed by the holder is equivalent to the
1124-performance standard prescribed in subdivision (3) of subsection (a) of
1125-this section, the holder may employ such test method and performance
1126-standard to certify such cigarette pursuant to section 29-419. If the State
1127-Fire Marshal determines that another state has enacted reduced
1128-cigarette ignition propensity standards that include a test method and
1129-performance standard that are the same as those contained in this
1130-section, and the State Fire Marshal finds that the officials responsible for
1131-implementing those requirements have approved the proposed
1132-alternative test method and performance standard for a particular
1133-cigarette proposed by a holder as meeting the reduced cigarette ignition
1134-propensity standards of that state's law or regulations under a legal
1135-provision comparable to this section, then the State Fire Marshal shall Substitute House Bill No. 6444
846+of said board and may designate another person to act in his or her 697
847+place. Not more than [eight] five appointed members of said board shall, 698
848+at any time, be members of the same political party. Said appointed 699
849+members shall receive no compensation for the performance of their 700
850+duties as such but shall be reimbursed for their necessary expenses. The 701
851+board shall meet at least once during each calendar quarter and at such 702
852+other times as the chairperson deems necessary. Special meetings shall 703
853+be held on the request of a majority of the board after notice in 704
854+accordance with the provisions of section 1-225. [A majority] Five of the 705
855+members of the board shall constitute a quorum. Any member who fails 706
856+to attend three consecutive meetings or who fails to attend fifty per cent 707
857+of all meetings held during any calendar year shall be deemed to have 708
858+resigned from office. Said board shall be within the Department of 709
859+Administrative Services, provided the board shall have independent 710
860+decision-making authority. Said department shall provide staff support 711
861+for the board. 712
862+Sec. 17. (NEW) (Effective July 1, 2021) (a) As used in this section, 713
863+"agency" means each state board, authority, commission, department, 714
864+office, institution, council or other agency of the state including, but not 715
865+limited to, each constituent unit and each public institution of higher 716
866+education, and "quasi-public agency" has the same meaning as provided 717
867+in section 1-120 of the general statutes. Notwithstanding any provision 718
868+of the general statutes or public or special act, but subject to the 719
869+provisions of chapter 15 of the general statutes, any payment of fees due 720
870+to an agency or quasi-public agency may be made by any means of 721
871+electronic funds transfer adopted by such agency or quasi-public 722
872+agency. 723
873+(b) Notwithstanding any provision of the general statutes or public 724
874+or special act, but subject to the provisions of chapter 15 of the general 725
875+statutes, any correspondence or communication required to be 726
876+delivered to an agency or quasi-public agency by registered or certified 727
877+mail, return receipt requested, may be delivered by electronic means 728
878+with proof of a delivery receipt, in accordance with the provisions of 729 Substitute Bill No. 6444
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1138880
1139-authorize that holder to employ the alternative test method and
1140-performance standard to certify that cigarette for sale in this state, unless
1141-the State Fire Marshal has a reasonable basis for deciding that the
1142-alternative test should not be accepted under said sections. All other
1143-applicable requirements of this section shall apply to the holder.
1144-(d) Each holder of a cigarette manufacturer's license shall maintain
1145-copies of the reports of all tests conducted on all cigarettes with respect
1146-to which such holder has submitted written certification in accordance
1147-with the provisions of section 29-419. Such holder shall provide copies
1148-of the reports available to the Office of the State Fire Marshal and to the
1149-office of the Attorney General upon written request. Any holder that
1150-fails to provide such copies not later than sixty days after receiving a
1151-written request shall be subject to a civil penalty not to exceed ten
1152-thousand dollars for each day after the sixtieth day that the holder does
1153-not make such copies available.
1154-[(e) The State Fire Marshal shall review the effectiveness of the
1155-implementation of this section and shall submit a report to the joint
1156-standing committee of the General Assembly having cognizance of
1157-matters relating to public safety, in accordance with section 11-4a,
1158-containing the State Fire Marshal's findings and, if appropriate,
1159-recommendations for legislation to improve the effectiveness of this
1160-section. Such report shall be submitted not later than June 30, 2011, and
1161-every three years thereafter.]
1162-Sec. 24. Subsection (a) of section 1-83 of the general statutes is
1163-repealed and the following is substituted in lieu thereof (Effective July 1,
1164-2021):
1165-(a) (1) All state-wide elected officers, members of the General
1166-Assembly, department heads and their deputies, members or directors
1167-of each quasi-public agency, members of the Investment Advisory
1168-Council and such members of the Executive Department and such Substitute House Bill No. 6444
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885+chapter 15 of the general statutes. 730
886+(c) Notwithstanding any provision of the general statutes or public or 731
887+special act, but subject to the provisions of chapter 15 of the general 732
888+statutes, any correspondence or communication required to be 733
889+delivered to an agency or quasi-public agency by United States mail or 734
890+facsimile may be delivered by electronic means, provided such agency 735
891+or quasi-public agency has determined such electronic delivery is 736
892+appropriate for such correspondence or communication. 737
893+(d) Notwithstanding any provision of the general statutes or public 738
894+or special act, but subject to the provisions of chapter 15 of the general 739
895+statutes, any requirement that an agency or quasi-public agency insert 740
896+an advertisement of a legal notice in a newspaper shall include posting 741
897+such notice on the agency's or quasi-public agency's Internet web site or 742
898+other electronic portal of the agency which is available to the general 743
899+public. 744
900+Sec. 18. Subsection (b) of section 4d-7 of the general statutes is 745
901+repealed and the following is substituted in lieu thereof (Effective July 1, 746
902+2021): 747
903+(b) In order to facilitate the development of a fully integrated state-748
904+wide information services and telecommunication system that 749
905+effectively and efficiently supports data processing and 750
906+telecommunication requirements of all state agencies, the strategic plan 751
907+shall include: (1) Guidelines and standards for the architecture for 752
908+information and telecommunication systems that support state 753
909+agencies, including, but not limited to, standards for digital identity 754
910+verification under section 1-276 that are consistent with industry 755
911+standards and best practices; (2) plans for a cost-effective state-wide 756
912+telecommunication network to support state agencies, which network 757
913+may consist of different types of transmission media, including wire, 758
914+fiber and radio, and shall be able to support voice, data, electronic mail, 759
915+video and facsimile transmission requirements and any other form of 760
916+information exchange that takes place via electromagnetic media; (3) 761 Substitute Bill No. 6444
1171917
1172-employees of quasi-public agencies as the Governor shall require, shall
1173-file, under penalty of false statement, a statement of financial interests
1174-for the preceding calendar year with the Office of State Ethics on or
1175-before the May first next in any year in which they hold such an office
1176-or position. If, in any year, May first falls on a weekend or legal holiday,
1177-such statement shall be filed not later than the next business day. Any
1178-such individual who leaves his or her office or position shall file a
1179-statement of financial interests covering that portion of the year during
1180-which such individual held his or her office or position. The Office of
1181-State Ethics shall notify such individuals of the requirements of this
1182-subsection not later than sixty days after their departure from such
1183-office or position. Such individuals shall file such statement not later
1184-than sixty days after receipt of the notification.
1185-(2) Each state agency, department, board and commission shall
1186-develop and implement, in cooperation with the Office of State Ethics,
1187-an ethics statement as it relates to the mission of the agency, department,
1188-board or commission. The executive head of each such agency,
1189-department, board or commission shall be directly responsible for the
1190-development and enforcement of such ethics statement and shall file a
1191-copy of such ethics statement with [the Department of Administrative
1192-Services and] the Office of State Ethics.
1193-Sec. 25. Section 4d-80 of the general statutes is repealed and the
1194-following is substituted in lieu thereof (Effective July 1, 2021):
1195-(a) There is established a Commission for Educational Technology
1196-within the Department of Administrative Services. The commission
1197-shall consist of the following members or their designees: (1) The
1198-Secretary of the Office of Policy and Management, the Commissioner of
1199-Administrative Services, the Commissioner of Education, the
1200-Commissioner of Economic and Community Development, the
1201-president of The University of Connecticut and the president of the
1202-Connecticut State Colleges and Universities, the State Librarian and the Substitute House Bill No. 6444
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1206-Consumer Counsel, (2) one member each representing the Connecticut
1207-Conference of Independent Colleges, the Connecticut Association of
1208-Boards of Education, the Connecticut Conference of Municipalities, the
1209-Connecticut Council of Small Towns, [and] the Connecticut Library
1210-Association, [(3)] the Connecticut Association of Public School
1211-Superintendents and the Connecticut Educators Computer Association,
1212-(3) a secondary school teacher designated by the Connecticut Education
1213-Association and an elementary school teacher designated by the
1214-American Federation of Teachers–Connecticut, (4) four members who
1215-represent business or have expertise in information technology, two of
1216-whom shall be appointed by the Governor, one of whom shall be
1217-appointed by the speaker of the House of Representatives and one of
1218-whom shall be appointed by the president pro tempore of the Senate,
1219-[(4)] (5) one member who is a chief elected official of a municipality, who
1220-shall be appointed by the minority leader of the Senate, and [(5)] (6) one
1221-member who is a representative of small business who shall be
1222-appointed by the minority leader of the House of Representatives. The
1223-commission shall convene a meeting at least once during each calendar
1224-quarter.
1225-(b) The Governor shall appoint a chairperson from among the
1226-members of the commission or their designees. Subject to the provisions
1227-of chapter 67, and within available appropriations, the commission may
1228-appoint an executive director and such other employees as may be
1229-necessary for the discharge of the duties of the commission.
1230-Notwithstanding any provision of the general statutes, the executive
1231-director shall have the option to elect participation in the state
1232-employees retirement system, or the alternate retirement program
1233-established for eligible employees in higher education or the teachers'
1234-retirement system.
1235-(c) The commission shall:
1236-(1) Be the principal educational technology policy advisor for state Substitute House Bill No. 6444
923+identification of annual expenditures and major capital commitments 762
924+for information and telecommunication systems; (4) identification of all 763
925+state agency technology projects; (5) a description of the efforts of 764
926+executive branch state agencies to use e-government solutions to deliver 765
927+state services and conduct state programs, including the feedback and 766
928+demands of clients of such agencies received by such agencies and such 767
929+agencies' plans to address client concerns by using online solutions, 768
930+when such solutions are determined feasible by such agencies; and (6) 769
931+potential opportunities for increasing the efficiency or reducing the 770
932+costs of the state's information and telecommunication systems. 771
933+Sec. 19. Section 4a-67d of the general statutes is repealed and the 772
934+following is substituted in lieu thereof (Effective July 1, 2021): 773
935+(a) The fleet average for cars or light duty trucks purchased by the 774
936+state shall: (1) On and after October 1, 2001, have a United States 775
937+Environmental Protection Agency estimated highway gasoline mileage 776
938+rating of at least thirty-five miles per gallon and on and after January 1, 777
939+2003, have a United States Environmental Protection Agency estimated 778
940+highway gasoline mileage rating of at least forty miles per gallon, (2) 779
941+comply with the requirements set forth in 10 CFR 490 concerning the 780
942+percentage of alternative-fueled vehicles required in the state motor 781
943+vehicle fleet, and (3) obtain the best achievable mileage per pound of 782
944+carbon dioxide emitted in its class. The alternative-fueled vehicles 783
945+purchased by the state to comply with said requirements shall be 784
946+capable of operating on natural gas or electricity or any other system 785
947+acceptable to the United States Department of Energy that operates on 786
948+fuel that is available in the state. 787
949+(b) Notwithstanding any other provisions of this section, (1) on and 788
950+after January 1, 2008: (A) At least fifty per cent of all cars and light duty 789
951+trucks purchased or leased by the state shall be alternative-fueled, 790
952+hybrid electric or plug-in electric vehicles, (B) all alternative-fueled 791
953+vehicles purchased or leased by the state shall be certified to the 792
954+California Air Resources Board's Low Emission Vehicle II Ultra Low 793
955+Emission Vehicle Standard, and (C) all gasoline-powered light duty and 794 Substitute Bill No. 6444
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1239957
1240-government;
1241-(2) Develop, oversee and direct the attainment of state-wide
1242-technology goals including:
1243-(A) Connecting all institutions of higher education, libraries, public
1244-elementary and secondary schools, regional educational service centers
1245-and other parties through a state-wide high speed, flexible network that
1246-will allow for video, voice and data transmission;
1247-(B) Wiring all school classrooms and connecting them to the Internet
1248-and to the state-wide [high speed] high-speed network through wired,
1249-wireless, or any other digital transmission technology providing [high
1250-speed] high-speed connectivity;
1251-(C) Providing access for all public schools, public libraries and
1252-libraries at institutions of higher education to a core set of on-line full
1253-text resources and to the ability to purchase collaboratively for other
1254-collections in order to maximize buying power;
1255-(D) Ensuring, in cooperation with the State Board of Education,
1256-competency in computing skills by the sixth grade for all students;
1257-(E) Ensuring competency in specific computing skills and the
1258-integration of technology into the curriculum for all public school
1259-teachers;
1260-(F) Ensuring that institutions of higher education offer a wide range
1261-of course and degree programs via the Internet and through other
1262-synchronous and asynchronous methods;
1263-(3) Coordinate the activities of all state agencies, educational
1264-institutions and other parties involved in the creation and management
1265-of a reliable and secure network that will offer connectivity and allow
1266-for the transmission of video, voice and data transmission to every Substitute House Bill No. 6444
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962+hybrid vehicles purchased or leased by the state shall, at a minimum, be 795
963+certified to the California Air Resource Board's Low Emission Vehicle II 796
964+Ultra Low Emission Vehicle Standard, (2) on and after January 1, 2012, 797
965+one hundred per cent of such cars and light duty trucks shall be 798
966+alternative-fueled, hybrid electric or plug-in electric vehicles, and (3) on 799
967+and after January 1, 2030, at least fifty per cent of such cars and light 800
968+duty trucks shall be zero-emission vehicles. 801
969+(c) On and after January 1, 2030, at least thirty per cent of all buses 802
970+purchased or leased by the state shall be zero-emission buses. 803
971+[(d) If the Commissioner of Administrative Services determines that 804
972+the vehicles required by the provisions of subsections (b) and (c) of this 805
973+section are not available for purchase or lease, the Commissioner of 806
974+Administrative Services shall include an explanation of such 807
975+determination in the annual report described in subsection (g) of this 808
976+section.] 809
977+[(e)] (d) The provisions of subsections (a) to (c), inclusive, of this 810
978+section shall not apply to any emergency vehicle. 811
979+[(f)] (e) As used in this section, (1) "emergency vehicle" means a 812
980+vehicle used by the Department of Motor Vehicles, Department of 813
981+Emergency Services and Public Protection, Department of Energy and 814
982+Environmental Protection, Department of Correction, Office of State 815
983+Capitol Police, Department of Mental Health and Addiction Services, 816
984+Department of Developmental Services, Department of Social Services, 817
985+Department of Children and Families, Department of Transportation, 818
986+Judicial Department, Board of Pardons and Paroles, Board of Regents 819
987+for Higher Education, The University of Connecticut or The University 820
988+of Connecticut Health Center for law enforcement or emergency 821
989+response purposes, (2) "hybrid" means a passenger car that draws 822
990+acceleration energy from two on-board sources of stored energy that 823
991+consists of either an internal combustion or heat engine which uses 824
992+combustible fuel and a rechargeable energy storage system, and, for any 825
993+passenger car or light duty truck with a model year of 2004 or newer, 826 Substitute Bill No. 6444
1269994
1270-library, school, regional educational service center and institution of
1271-higher education;
1272-(4) Be the liaison between the Governor and the General Assembly
1273-and local, state and federal organizations and entities with respect to
1274-educational technology matters;
1275-(5) Develop and maintain a long-range plan and make related
1276-recommendations for the coordination of educational technology. The
1277-plan shall (A) establish clear goals and a strategy for using
1278-telecommunications and information technology to improve education,
1279-(B) include a professional development strategy to ensure that teachers
1280-and faculty know how to use the new technologies to improve
1281-education, (C) include an assessment of the telecommunications,
1282-hardware, software and other services that will be needed to improve
1283-education, and (D) include an evaluation process that monitors progress
1284-towards the specified goals;
1285-(6) Measure the availability and usage of Internet access sites
1286-available to the public, including, but not limited to, those maintained
1287-by state and local government agencies, libraries, schools, institutions of
1288-higher education, nonprofit organizations, businesses and other
1289-organizations and recommend strategies for reducing the disparities in
1290-Internet accessibility and usage across the state and among all potential
1291-users;
1292-(7) Establish methods and procedures to ensure the maximum
1293-involvement of members of the public, educators, librarians,
1294-representatives of higher education, the legislature and local officials in
1295-educational technology matters and organize, as necessary, advisory
1296-boards consisting of individuals with expertise in a particular discipline
1297-significant to the work of the commission;
1298-(8) [On] Report, on or before January [1, 2001, and] first, annually, Substitute House Bill No. 6444
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1302-[thereafter, the commission shall report,] in accordance with section 11-
1303-4a, on its activities, progress made in the attainment of the state-wide
1304-technology goals as outlined in the long-range plan and any
1305-recommendations to the joint standing committee of the General
1306-Assembly having cognizance of matters relating to education and
1307-appropriations and the budgets of state agencies, the State Board of
1308-Education, and the Board of Regents for Higher Education. The report
1309-shall include recommendations for adjustments to the funding formula
1310-for grants pursuant to section 10-262n if there are school districts that
1311-are at a disadvantage in terms of wiring their schools and the use of
1312-technology in their schools;
1313-(9) Enter into such contractual agreements, in accordance with
1314-established procedures, as may be necessary to carry out the provisions
1315-of this section;
1316-(10) Take any other action necessary to carry out the provisions of this
1317-section.
1318-(d) The Commission for Educational Technology may request any
1319-office, department, board, commission or other agency of the state to
1320-supply such reports, information and assistance as may be necessary or
1321-appropriate in order to carry out its duties and requirements.
1322-(e) For purposes of this section, educational technology [shall
1323-include] includes, but is not [be] limited to: (1) Computer-assisted
1324-instruction; (2) information retrieval and data transfer; (3)
1325-telecommunications related to voice, data and video transmission of
1326-instruction related materials and courses; (4) the development and
1327-acquisition of educational software; and (5) the instructional uses of the
1328-Internet and other technologies.
1000+that is certified to meet or exceed the California Air Resources Board's 827
1001+LEV (Low Emission Vehicle) II LEV Standard, (3) "zero-emission 828
1002+vehicle" means a battery electric vehicle, hybrid electric vehicle, range-829
1003+extended electric vehicle and any vehicle that is certified by the 830
1004+executive officer of the California Air Resources Board to produce zero 831
1005+emissions of any criteria pollutant under all operational modes and 832
1006+conditions, and (4) "zero-emission bus" means any urban bus certified 833
1007+by the executive officer of the California Air Resources Board to produce 834
1008+zero emissions of any criteria pollutant under all operational modes and 835
1009+conditions. 836
1010+[(g) On or before January 1, 2008, and annually thereafter, the 837
1011+Commissioner of Administrative Services, in consultation with the 838
1012+Commissioner of Transportation, shall file a report with the joint 839
1013+standing committees of the General Assembly having cognizance of 840
1014+matters relating to government administration, the environment and 841
1015+energy that includes: (1) Details on the composition of the state fleet, 842
1016+including, but not limited to, a listing of all vehicles owned, leased or 843
1017+used by the Departments of Transportation and Emergency Services 844
1018+and Public Protection, the make, model and fuel type of vehicles that 845
1019+compose the state fleet and the amount of fuel, including alternative 846
1020+fuels, that each vehicle uses, (2) any changes to the determination made 847
1021+by the Commissioner of Energy and Environmental Protection pursuant 848
1022+to subsection (a) of section 35 of public act 07-4 of the June special 849
1023+session* or any update concerning the waiver application submitted 850
1024+pursuant to subsection (a) of section 35 of public act 07-4 of the June 851
1025+special session*, as applicable, (3) any changes or amendments to the 852
1026+plan required by subsection (b) of section 35 of public act 07-4 of the June 853
1027+special session*, (4) any changes or amendments to the plan required by 854
1028+subsection (c) of section 35 of public act 07-4 of the June special session*, 855
1029+(5) a vehicle purchasing and procurement three-year plan that aligns 856
1030+with the requirements of subdivision (3) of subsection (b) of this section 857
1031+and subsection (c) of this section, and (6) an assessment of the 858
1032+availability of zero-emission medium and heavy duty trucks and the 859
1033+feasibility of the state purchasing or leasing zero-emission medium and 860 Substitute Bill No. 6444
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1040+heavy duty trucks. The Departments of Transportation and Emergency 861
1041+Services and Public Protection shall submit all data requested of said 862
1042+departments by the Department of Administrative Services in 863
1043+connection with the preparation of such report. 864
1044+(h) The Commissioner of Administrative Services may enter into any 865
1045+agreement necessary to carry out the provisions of subsection (g) of this 866
1046+section.] 867
1047+[(i)] (f) In performing the requirements of this section, the 868
1048+Commissioners of Administrative Services, Energy and Environmental 869
1049+Protection and Transportation shall, whenever possible, consider the 870
1050+use of and impact on Connecticut-based companies. 871
1051+[(j)] (g) The Commissioner of Administrative Services, in consultation 872
1052+with the Commissioner of Transportation, shall study the feasibility of 873
1053+creating a competitive bid process for the aggregate procurement of 874
1054+zero-emission vehicles and zero-emission buses and determine whether 875
1055+such aggregate procurement would achieve a cost savings on the 876
1056+purchase of such vehicles and buses and related administrative costs. 877
1057+On or before January 1, 2020, the Commissioner of Administrative 878
1058+Services shall report, in accordance with the provisions of section 11-4a, 879
1059+on the results of such study to the joint standing committees of the 880
1060+General Assembly having cognizance of matters relating to government 881
1061+administration and transportation. The Commissioner of 882
1062+Administrative Services may proceed with such aggregate procurement 883
1063+if the commissioner determines such aggregate procurement would 884
1064+achieve a cost savings. 885
1065+Sec. 20. Subsection (e) of section 4a-52a of the general statutes is 886
1066+repealed and the following is substituted in lieu thereof (Effective July 1, 887
1067+2021): 888
1068+(e) Notwithstanding the provisions of sections 4a-51 and 4a-52, the 889
1069+Commissioner of Administrative Services may delegate authority to any 890
1070+state agency to purchase supplies, materials, equipment and contractual 891 Substitute Bill No. 6444
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1077+services, consistent with section 4a-67c, if the commissioner determines, 892
1078+in writing, that (1) such delegation would reduce state purchasing costs 893
1079+or result in more efficient state purchasing, and (2) the agency has 894
1080+employees with experience and expertise in state purchasing statutes, 895
1081+regulations and procedures. In determining which agencies to delegate 896
1082+such purchasing authority to, the commissioner shall give preference to 897
1083+agencies which have exceeded the set-aside requirements of section 4a-898
1084+60g, as amended by this act. An agency to whom such authority is 899
1085+delegated shall comply with all such statutes, regulations and 900
1086+procedures. [and shall submit annual reports to the Commissioner of 901
1087+Administrative Services on its purchase orders, in a format prescribed 902
1088+by the commissioner.] The Commissioner of Administrative Services or 903
1089+his or her designee shall periodically review each such delegation of 904
1090+purchasing authority and may revoke or modify a delegation upon 905
1091+determining that the agency has violated any provision of the 906
1092+delegation or that there is evidence of insufficient competition in the 907
1093+competitive bidding or competitive negotiation process. 908
1094+Sec. 21. Section 4a-6 of the general statutes is repealed and the 909
1095+following is substituted in lieu thereof (Effective July 1, 2021): 910
1096+[(a)] No state agency shall enter into any agreement, whether oral or 911
1097+written, or renew any agreement for the leasing of any personal 912
1098+property, except upon approval of the Commissioner of Administrative 913
1099+Services and subject to such procedures as the commissioner may 914
1100+establish respecting the leasing of personal property. The commissioner 915
1101+shall cause to be kept a complete record of all personal property leased 916
1102+by state agencies, the location of each item of such property and a copy 917
1103+of all leasing agreements and renewals thereof. 918
1104+[(b) On or before the fourth Wednesday after the convening of each 919
1105+regular session of the General Assembly, the commissioner shall file 920
1106+with the joint standing committee of the General Assembly having 921
1107+cognizance of matters relating to appropriations and the budgets of state 922
1108+agencies, a complete listing of all items of personal property leased by 923
1109+state agencies, indicating each item leased, the lessee agency, the lessor 924 Substitute Bill No. 6444
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1115+
1116+and the annual rental thereof.] 925
1117+Sec. 22. Section 4b-2 of the general statutes is repealed and the 926
1118+following is substituted in lieu thereof (Effective July 1, 2021): 927
1119+The Commissioner of Administrative Services shall: 928
1120+[(1) Submit to the board on September first of each year a report 929
1121+which shall include all pertinent data on his operations concerning 930
1122+realty acquisitions and the projected needs of the state. On or before 931
1123+October first of each year, the board shall submit such report with 932
1124+recommendations, comments, conclusions or other pertinent 933
1125+information to the Governor and the members of the joint standing 934
1126+committees of the General Assembly having cognizance of matters 935
1127+relating to appropriations and the budgets of state agencies and to state 936
1128+finance, revenue and bonding.] 937
1129+[(2)] (1) Consult and cooperate with professional bodies and groups 938
1130+concerning the purposes of sections 2-90, 4b-2 to 4b-5, inclusive, 4b-23, 939
1131+4b-24, 4b-26, 4b-27 and 4b-32; [.] and 940
1132+[(3)] (2) Keep and maintain proper financial records with respect to 941
1133+real estate acquisition activities for use in calculating the costs of [his] 942
1134+the commissioner's operation. 943
1135+Sec. 23. Section 29-251a of the general statutes is repealed and the 944
1136+following is substituted in lieu thereof (Effective July 1, 2021): 945
1137+As used in this section, "program requirements" means any program 946
1138+or part of a program which is required by law. The Commissioner of 947
1139+Administrative Services, in consultation with the Codes and Standards 948
1140+Committee, shall conduct a review of existing regulations of each state 949
1141+agency to determine whether any provision of such regulations conflicts 950
1142+with the State Building Code, the Fire Safety Code, the State Fire 951
1143+Prevention Code or any other fire safety regulation adopted under this 952
1144+chapter. The commissioner shall make recommendations to the 953
1145+department head of any state agency which has regulations that are in 954 Substitute Bill No. 6444
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1151+
1152+conflict with the State Building Code, the Fire Safety Code, the State Fire 955
1153+Prevention Code or any other fire safety regulation adopted under this 956
1154+chapter for the amendment of such regulations so they no longer are in 957
1155+conflict with said codes or any such fire safety regulations. Not later 958
1156+than ninety days following receipt of such recommendations, the 959
1157+department head of such state agency shall initiate the process under 960
1158+chapter 54 to amend or repeal such regulation in order to bring such 961
1159+regulation into compliance with the State Building Code, the Fire Safety 962
1160+Code, the State Fire Prevention Code or any other fire safety regulation 963
1161+adopted under this chapter as the case may be, unless the amendment 964
1162+or repeal of such regulation would result in a conflict with the applicable 965
1163+agency's program requirements. [The Commissioner of Administrative 966
1164+Services, in consultation with the Codes and Standards Committee, shall 967
1165+report such recommendations to the joint standing committee of the 968
1166+General Assembly having cognizance of matters relating to public 969
1167+safety.] 970
1168+Sec. 24. Section 29-418 of the general statutes is repealed and the 971
1169+following is substituted in lieu thereof (Effective July 1, 2021): 972
1170+(a) All testing by or on behalf of a holder of a cigarette manufacturer's 973
1171+license or by or on behalf of the Office of the State Fire Marshal to 974
1172+determine a cigarette's compliance with the performance standard 975
1173+specified in this section shall be conducted in accordance with the 976
1174+following requirements: 977
1175+(1) Testing of cigarettes shall be conducted in accordance with the 978
1176+American Society of Testing and Materials or "ASTM" standard E2187-979
1177+04, "Standard Test Method for Measuring the Ignition Strength of 980
1178+Cigarettes" or a subsequent ASTM Standard Test Method for Measuring 981
1179+the Ignition Strength of Cigarettes upon a finding by the State Fire 982
1180+Marshal that such subsequent method does not result in a change in the 983
1181+percentage of full-length burns exhibited by any tested cigarette when 984
1182+compared to the percentage of full-length burns the same cigarette 985
1183+would exhibit when tested in accordance with ASTM standard E2187-986
1184+04 and the performance standard in subdivision (3) of this subsection; 987 Substitute Bill No. 6444
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1190+
1191+(2) Testing shall be conducted on ten layers of filter paper; 988
1192+(3) Not more than twenty-five per cent of the cigarettes tested in a test 989
1193+trial in accordance with this section shall exhibit full-length burns. Forty 990
1194+replicate tests shall comprise a complete test trial for each cigarette 991
1195+tested; 992
1196+(4) The performance standard required by this section shall only be 993
1197+applied to a complete test trial; 994
1198+(5) Written certifications shall be based upon testing conducted by a 995
1199+laboratory that has been accredited pursuant to standard ISO or IEC 996
1200+17025 of the International Organization for Standardization or such 997
1201+other comparable accreditation standard as the Office of the State Fire 998
1202+Marshal may require by regulation; 999
1203+(6) Laboratories conducting testing in accordance with this section 1000
1204+shall implement a quality control and quality assurance program that 1001
1205+includes a procedure that will determine the repeatability of the testing 1002
1206+results. The repeatability value shall be no greater than 0.19. Such 1003
1207+program ensures that the testing repeatability remains within the 1004
1208+required repeatability value set forth in this subdivision for all test trials 1005
1209+used to certify cigarettes in accordance with this section and section 29-1006
1210+419; and 1007
1211+(7) No additional testing under this section is required if cigarettes 1008
1212+are tested consistent with this section for any other purpose. 1009
1213+(b) Each cigarette that uses lowered permeability bands in the 1010
1214+cigarette paper to achieve compliance with the performance standard 1011
1215+set forth in this section shall have not less than two nominally identical 1012
1216+bands on the paper surrounding the tobacco column. At least one 1013
1217+complete band shall be located not less than fifteen millimeters from the 1014
1218+lighting end of the cigarette. For cigarettes on which the bands are 1015
1219+positioned by design, there shall be not less than two bands fully located 1016
1220+at least fifteen millimeters from the lighting end and ten millimeters 1017
1221+from the filter end of the tobacco column, or ten millimeters from the 1018 Substitute Bill No. 6444
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1227+
1228+labeled end of the tobacco column for nonfiltered cigarettes. 1019
1229+(c) A holder of a cigarette manufacturer's license that manufactures a 1020
1230+cigarette that the State Fire Marshal determines cannot be tested in 1021
1231+accordance with the test method prescribed in subdivision (1) of 1022
1232+subsection (a) of this section may propose an alternate test method and 1023
1233+performance standard for the cigarette to the State Fire Marshal. Upon 1024
1234+approval and a determination by the State Fire Marshal that the 1025
1235+performance standard proposed by the holder is equivalent to the 1026
1236+performance standard prescribed in subdivision (3) of subsection (a) of 1027
1237+this section, the holder may employ such test method and performance 1028
1238+standard to certify such cigarette pursuant to section 29-419. If the State 1029
1239+Fire Marshal determines that another state has enacted reduced 1030
1240+cigarette ignition propensity standards that include a test method and 1031
1241+performance standard that are the same as those contained in this 1032
1242+section, and the State Fire Marshal finds that the officials responsible for 1033
1243+implementing those requirements have approved the proposed 1034
1244+alternative test method and performance standard for a particular 1035
1245+cigarette proposed by a holder as meeting the reduced cigarette ignition 1036
1246+propensity standards of that state's law or regulations under a legal 1037
1247+provision comparable to this section, then the State Fire Marshal shall 1038
1248+authorize that holder to employ the alternative test method and 1039
1249+performance standard to certify that cigarette for sale in this state, unless 1040
1250+the State Fire Marshal has a reasonable basis for deciding that the 1041
1251+alternative test should not be accepted under said sections. All other 1042
1252+applicable requirements of this section shall apply to the holder. 1043
1253+(d) Each holder of a cigarette manufacturer's license shall maintain 1044
1254+copies of the reports of all tests conducted on all cigarettes with respect 1045
1255+to which such holder has submitted written certification in accordance 1046
1256+with the provisions of section 29-419. Such holder shall provide copies 1047
1257+of the reports available to the Office of the State Fire Marshal and to the 1048
1258+office of the Attorney General upon written request. Any holder that 1049
1259+fails to provide such copies not later than sixty days after receiving a 1050
1260+written request shall be subject to a civil penalty not to exceed ten 1051 Substitute Bill No. 6444
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1266+
1267+thousand dollars for each day after the sixtieth day that the holder does 1052
1268+not make such copies available. 1053
1269+[(e) The State Fire Marshal shall review the effectiveness of the 1054
1270+implementation of this section and shall submit a report to the joint 1055
1271+standing committee of the General Assembly having cognizance of 1056
1272+matters relating to public safety, in accordance with section 11-4a, 1057
1273+containing the State Fire Marshal's findings and, if appropriate, 1058
1274+recommendations for legislation to improve the effectiveness of this 1059
1275+section. Such report shall be submitted not later than June 30, 2011, and 1060
1276+every three years thereafter.] 1061
1277+Sec. 25. Subsection (a) of section 1-83 of the general statutes is 1062
1278+repealed and the following is substituted in lieu thereof (Effective July 1, 1063
1279+2021): 1064
1280+(a) (1) All state-wide elected officers, members of the General 1065
1281+Assembly, department heads and their deputies, members or directors 1066
1282+of each quasi-public agency, members of the Investment Advisory 1067
1283+Council and such members of the Executive Department and such 1068
1284+employees of quasi-public agencies as the Governor shall require, shall 1069
1285+file, under penalty of false statement, a statement of financial interests 1070
1286+for the preceding calendar year with the Office of State Ethics on or 1071
1287+before the May first next in any year in which they hold such an office 1072
1288+or position. If, in any year, May first falls on a weekend or legal holiday, 1073
1289+such statement shall be filed not later than the next business day. Any 1074
1290+such individual who leaves his or her office or position shall file a 1075
1291+statement of financial interests covering that portion of the year during 1076
1292+which such individual held his or her office or position. The Office of 1077
1293+State Ethics shall notify such individuals of the requirements of this 1078
1294+subsection not later than sixty days after their departure from such 1079
1295+office or position. Such individuals shall file such statement not later 1080
1296+than sixty days after receipt of the notification. 1081
1297+(2) Each state agency, department, board and commission shall 1082
1298+develop and implement, in cooperation with the Office of State Ethics, 1083 Substitute Bill No. 6444
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1304+
1305+an ethics statement as it relates to the mission of the agency, department, 1084
1306+board or commission. The executive head of each such agency, 1085
1307+department, board or commission shall be directly responsible for the 1086
1308+development and enforcement of such ethics statement and shall file a 1087
1309+copy of such ethics statement with [the Department of Administrative 1088
1310+Services and] the Office of State Ethics. 1089
1311+This act shall take effect as follows and shall amend the following
1312+sections:
1313+
1314+Section 1 July 1, 2021 1-101qq
1315+Sec. 2 July 1, 2021 4-252
1316+Sec. 3 July 1, 2021 4-252a
1317+Sec. 4 July 1, 2021 4a-81
1318+Sec. 5 July 1, 2021 9-612(f)(2)
1319+Sec. 6 July 1, 2021 4a-60(c)
1320+Sec. 7 July 1, 2021 4a-60a(b)
1321+Sec. 8 October 1, 2021, and
1322+applicable to certifications
1323+issued or renewed on or
1324+after said date
1325+4a-60g(a)(1)
1326+Sec. 9 October 1, 2021, and
1327+applicable to certifications
1328+issued or renewed on or
1329+after said date
1330+4a-60g(a)(9)
1331+Sec. 10 October 1, 2021 4a-60g(f)
1332+Sec. 11 October 1, 2021 4a-60g(k)(1)
1333+Sec. 12 July 1, 2021 4a-57(b)
1334+Sec. 13 July 1, 2021 4a-60b
1335+Sec. 14 July 1, 2021 32-39e
1336+Sec. 15 July 1, 2021 4a-53
1337+Sec. 16 July 1, 2021 4a-19
1338+Sec. 17 July 1, 2021 New section
1339+Sec. 18 July 1, 2021 4d-7(b)
1340+Sec. 19 July 1, 2021 4a-67d
1341+Sec. 20 July 1, 2021 4a-52a(e)
1342+Sec. 21 July 1, 2021 4a-6
1343+Sec. 22 July 1, 2021 4b-2
1344+Sec. 23 July 1, 2021 29-251a
1345+Sec. 24 July 1, 2021 29-418 Substitute Bill No. 6444
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1352+Sec. 25 July 1, 2021 1-83(a)
1353+
1354+
1355+GAE Joint Favorable Subst.
13291356