Substitute House Bill No. 6444
Public Act No. 21-76
AN ACT CONCERNING THE MODERNIZATION OF STATE
SERVICES AND THE MEMBERSHIP OF THE COMMISSION FOR
EDUCATIONAL TECHNOLOGY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 1-101qq of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Except as provided in section 10a-151h, a state agency or
institution or quasi-public agency that is seeking a contractor for a large
state construction or procurement contract shall provide the summary
of state ethics laws developed by the Office of State Ethics pursuant to
section 1-81b to any person seeking a large state construction or
procurement contract. [Such person shall affirm to the agency or
institution, in writing or electronically, (1) receipt of such summary, and
(2) that key employees of such person have read and understand the
summary and agree to comply with the provisions of state ethics law.
After the initial submission of such affirmation, such person shall not be
required to resubmit such affirmation unless there is a change in the
information contained in the affirmation. If there is any change in the
information contained in the most recently filed affirmation, such
person shall submit an updated affirmation either (A) not later than
thirty days after the effective date of any such change, or (B) upon the Substitute House Bill No. 6444
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submittal of any new bid or proposal, whichever is earlier.] No state
agency or institution or quasi-public agency shall [accept a bid or
proposal for] enter into a large state construction or procurement
contract [without such affirmation] unless such contract contains a
representation that the chief executive officer or authorized signatory of
the contract and all key employees of such officer or signatory have read
and understood the summary and agree to comply with the provisions
of state ethics law.
(b) Except as provided in section 10a-151h, prior to entering into a
contract with any subcontractors or consultants, each large state
construction or procurement contractor shall [(1)] provide the summary
of state ethics laws described in subsection (a) of this section to all
subcontractors and consultants. [, and (2) obtain an affirmation from
each subcontractor and consultant that such subcontractor and
consultant has received such summary and key employees of such
subcontractor and consultant have read and understand the summary
and agree to comply with its provisions. The contractor shall provide
such affirmations to the state agency, institution or quasi-public agency
not later than fifteen days after the request of such agency, institution or
quasi-public agency for such affirmation.] Each contract entered into
with a subcontractor or consultant on or after July 1, 2021, shall include
a representation that each subcontractor or consultant and the key
employees of such subcontractor or consultant have read and
understood the summary and agree to comply with the provisions of
state ethics law. Failure to [submit such affirmations in a timely manner]
include such representations in such contracts with subcontractors or
consultants shall be cause for termination of the large state construction
or procurement contract.
(c) Each contract with a contractor, subcontractor or consultant
described in subsection (a) or (b) of this section shall incorporate such
summary by reference as a part of the contract terms. Substitute House Bill No. 6444
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Sec. 2. Section 4-252 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Except as provided in section 10a-151f, on and after July 1, [2006]
2021, no state agency or quasi-public agency shall execute a large state
contract unless [the state agency or quasi-public agency obtains the
written or electronic certification] such contract contains the
representation described in this section. [Each such certification shall be
sworn as true to the best knowledge and belief of the person signing the
certification, subject to the penalties of false statement. If there is any
change in the information contained in the most recently filed
certification, such person shall submit an updated certification either (1)
not later than thirty days after the effective date of any such change, or
(2) upon the submittal of any new bid or proposal for a large state
contract, whichever is earlier. Such person shall also submit to the state
agency or quasi-public agency an accurate, updated certification not
later than fourteen days after the twelve-month anniversary of the most
recently filed certification or updated certification.]
(b) The official or employee of such state agency or quasi-public
agency who is authorized to execute state contracts shall [certify]
represent that the selection of the most qualified or highest ranked
person, firm or corporation was not the result of collusion, the giving of
a gift or the promise of a gift, compensation, fraud or inappropriate
influence from any person.
(c) Any principal or key personnel of the person, firm or corporation
submitting a bid or proposal for a large state contract shall [certify]
represent:
(1) That no gifts were made by (A) such person, firm, corporation, (B)
any principals and key personnel of the person, firm or corporation,
who participate substantially in preparing bids, proposals or
negotiating state contracts, or (C) any agent of such person, firm, Substitute House Bill No. 6444
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corporation or principals and key personnel, who participates
substantially in preparing bids, proposals or negotiating state contracts,
to (i) any public official or state employee of the state agency or quasi-
public agency soliciting bids or proposals for state contracts, who
participates substantially in the preparation of bid solicitations or
requests for proposals for state contracts or the negotiation or award of
state contracts, or (ii) any public official or state employee of any other
state agency, who has supervisory or appointing authority over such
state agency or quasi-public agency;
(2) That no such principals and key personnel of the person, firm or
corporation, or agent of such person, firm or corporation or principals
and key personnel, knows of any action by the person, firm or
corporation to circumvent such prohibition on gifts by providing for
any other principals and key personnel, official, employee or agent of
the person, firm or corporation to provide a gift to any such public
official or state employee; and
(3) That the person, firm or corporation is submitting bids or
proposals without fraud or collusion with any person.
(d) Any bidder or proposer that does not [make the certification]
agree to the representations required under this section shall be
[disqualified] rejected and the state agency or quasi-public agency shall
award the contract to the next highest ranked proposer or the next
lowest responsible qualified bidder or seek new bids or proposals.
(e) Each state agency and quasi-public agency shall include in the bid
specifications or request for proposals for a large state contract a notice
of the [certification] representation requirements of this section.
Sec. 3. Section 4-252a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) For purposes of this section, "state agency" and "quasi-public Substitute House Bill No. 6444
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agency" have the same meanings as provided in section 1-79, "large state
contract" has the same meaning as provided in section 4-250 and "entity"
means any corporation, general partnership, limited partnership,
limited liability partnership, joint venture, nonprofit organization or
other business organization whose principal place of business is located
outside of the United States, but excludes any United States subsidiary
of a foreign corporation.
(b) No state agency or quasi-public agency shall enter into any large
state contract, or amend or renew any such contract with any entity
[who (1) has failed to submit a written certification indicating whether
or not such entity has] unless such contract contains a certification that
such entity has not made a direct investment of twenty million dollars
or more in the energy sector of Iran on or after October 1, 2013, as
described in Section 202 of the Comprehensive Iran Sanctions,
Accountability and Divestment Act of 2010, [or has] and has not
increased or renewed such investment on or after said date. [, or (2) has
submitted a written certification indicating that such entity has made
such an investment on or after October 1, 2013, or has increased or
renewed such an investment on or after said date. Each such
certification shall be sworn as true to the best knowledge and belief of
the entity signing the certification, subject to the penalties of false
statement.]
(c) Each state agency and quasi-public agency shall include in the bid
specifications or request for proposals for a large state contract a notice
of the certification requirements of this section. [Prior to submitting a
bid or proposal for a large state contract, each bidder or proposer who
is an entity shall submit a certification that such bidder or proposer has
or has not made an investment as described in subsection (b) of this
section.]
(d) Any entity [who] that makes a good faith effort to determine
whether such entity has made an investment described in subsection (b) Substitute House Bill No. 6444
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of this section shall not be subject to the penalties of false statement
pursuant to this section. A "good faith effort" for purposes of this
subsection includes a determination that such entity is not on the list of
persons who engage in certain investment activities in Iran created by
the Department of General Services of the state of California pursuant
to Division 2, Chapter 2.7 of the California Public Contract Code.
Nothing in this subsection shall be construed to impair the ability of the
state agency or quasi-public agency to pursue a breach of contract action
for any violation of the provisions of the contract.
(e) The provisions of this section shall not apply to any contract of the
Treasurer as trustee of the Connecticut retirement plans and trust funds,
as defined in section 3-13c, provided nothing in this subsection shall be
construed to prevent the Treasurer from performing his or her fiduciary
duties under section 3-13g.
Sec. 4. Section 4a-81 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Except as provided in section 10a-151f, no state agency or quasi-
public agency shall execute a contract for the purchase of goods or
services, which contract has a total value to the state of fifty thousand
dollars or more in any calendar or fiscal year, unless [the state agency or
quasi-public agency obtains the affidavit] such contract contains the
representations described in subsection (b) of this section.
(b) (1) [Any principal or key personnel of a person, firm or
corporation who submit bids or proposals for a] Each contract described
in subsection (a) of this section shall [attest in an affidavit as to] include
a representation whether any consulting agreement has been entered
into in connection with any such contract. Such [affidavit]
representation shall be required if any duties of the consultant included
communications concerning business of a state or quasi-public agency,
whether or not direct contact with a state agency, state or public official Substitute House Bill No. 6444
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or state employee was expected or made. As used in this section,
"consulting agreement" means any written or oral agreement to retain
the services, for a fee, of a consultant for the purposes of (A) providing
counsel to a contractor, vendor, consultant or other entity seeking to
conduct, or conducting, business with the state, (B) contacting, whether
in writing or orally, any executive, judicial, or administrative office of
the state, including any department, institution, bureau, board,
commission, authority, official or employee for the purpose of
solicitation, dispute resolution, introduction, requests for information,
or (C) any other similar activity related to such contracts. "Consulting
agreement" does not include any agreements entered into with a
consultant who is registered under the provisions of chapter 10 as of the
date such [affidavit is submitted] contract is executed in accordance
with the provisions of this section.
(2) Such [affidavit] representation shall be sworn as true to the best
knowledge and belief of the person signing the [certification on the
affidavit] contract and shall be subject to the penalties of false statement.
(3) Such [affidavit] representation shall include the following
information for each consulting agreement listed: The name of the
consultant, the consultant's firm, the basic terms of the consulting
agreement, a brief description of the services provided, and an
indication as to whether the consultant is a former state employee or
public official. If the consultant is a former state employee or public
official, such [affidavit] representation shall indicate his or her former
agency and the date such employment terminated.
[(4) After the initial submission of such affidavit, the principal or key
personnel of the person, firm or corporation shall not be required to
resubmit such affidavit unless there is a change in the information
contained in such affidavit. If there is any change in the information
contained in the most recently filed affidavit required under this section,
the principal or key personnel of a person, firm or corporation who Substitute House Bill No. 6444
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submit bids or proposals for a contract described in subsection (a) of this
section shall submit an updated affidavit either (A) not later than thirty
days after the effective date of any such change, or (B) upon the
submittal of any new bid or proposal, whichever is earlier.]
(c) Each state agency and quasi-public agency shall include a notice
of the [affidavit] representation requirements of this section in the bid
specifications or request for proposals for any contract that is described
in subsection (a) of this section.
(d) If a bidder or vendor refuses to [submit the affidavit] agree to the
representations required under [subsection] subsections (a) and (b) of
this section, such bidder or vendor shall be [disqualified] rejected and
the state agency or quasi-public agency shall award the contract to the
next highest ranked vendor or the next lowest responsible qualified
bidder or seek new bids or proposals.
Sec. 5. Subdivision (2) of subsection (f) of section 9-612 of the general
statutes is repealed and the following is substituted in lieu thereof
(Effective July 1, 2021):
(2) (A) No state contractor, prospective state contractor, principal of
a state contractor or principal of a prospective state contractor, with
regard to a state contract or a state contract solicitation with or from a
state agency in the executive branch or a quasi-public agency or a
holder, or principal of a holder, of a valid prequalification certificate,
shall make a contribution to, or, on and after January 1, 2011, knowingly
solicit contributions from the state contractor's or prospective state
contractor's employees or from a subcontractor or principals of the
subcontractor on behalf of (i) an exploratory committee or candidate
committee established by a candidate for nomination or election to the
office of Governor, Lieutenant Governor, Attorney General, State
Comptroller, Secretary of the State or State Treasurer, (ii) a political
committee authorized to make contributions or expenditures to or for Substitute House Bill No. 6444
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the benefit of such candidates, or (iii) a party committee;
(B) No state contractor, prospective state contractor, principal of a
state contractor or principal of a prospective state contractor, with
regard to a state contract or a state contract solicitation with or from the
General Assembly or a holder, or principal of a holder, of a valid
prequalification certificate, shall make a contribution to, or, on and after
January 1, 2011, knowingly solicit contributions from the state
contractor's or prospective state contractor's employees or from a
subcontractor or principals of the subcontractor on behalf of (i) an
exploratory committee or candidate committee established by a
candidate for nomination or election to the office of state senator or state
representative, (ii) a political committee authorized to make
contributions or expenditures to or for the benefit of such candidates, or
(iii) a party committee;
(C) If a state contractor or principal of a state contractor makes or
solicits a contribution as prohibited under subparagraph (A) or (B) of
this subdivision, as determined by the State Elections Enforcement
Commission, the contracting state agency or quasi-public agency may,
in the case of a state contract executed on or after February 8, 2007, void
the existing contract with such contractor, and no state agency or quasi-
public agency shall award the state contractor a state contract or an
extension or an amendment to a state contract for one year after the
election for which such contribution is made or solicited unless the
commission determines that mitigating circumstances exist concerning
such violation. No violation of the prohibitions contained in
subparagraph (A) or (B) of this subdivision shall be deemed to have
occurred if, and only if, the improper contribution is returned to the
principal by the later of thirty days after receipt of such contribution by
the recipient committee treasurer or the filing date that corresponds
with the reporting period in which such contribution was made;
(D) If a prospective state contractor or principal of a prospective state Substitute House Bill No. 6444
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contractor makes or solicits a contribution as prohibited under
subparagraph (A) or (B) of this subdivision, as determined by the State
Elections Enforcement Commission, no state agency or quasi-public
agency shall award the prospective state contractor the contract
described in the state contract solicitation or any other state contract for
one year after the election for which such contribution is made or
solicited unless the commission determines that mitigating
circumstances exist concerning such violation. The Commissioner of
Administrative Services shall notify applicants of the provisions of this
subparagraph and subparagraphs (A) and (B) of this subdivision during
the prequalification application process; [and]
(E) The State Elections Enforcement Commission shall make
available to each state agency and quasi-public agency a written notice
advising state contractors and prospective state contractors of the
contribution and solicitation prohibitions contained in subparagraphs
(A) and (B) of this subdivision. Such notice shall: (i) Direct each state
contractor and prospective state contractor to inform each individual
described in subparagraph (F) of subdivision (1) of this subsection, with
regard to such state contractor or prospective state contractor, about the
provisions of subparagraph (A) or (B) of this subdivision, whichever is
applicable, and this subparagraph; (ii) inform each state contractor and
prospective state contractor of the civil and criminal penalties that could
be imposed for violations of such prohibitions if any such contribution
is made or solicited; (iii) inform each state contractor and prospective
state contractor that, in the case of a state contractor, if any such
contribution is made or solicited, the contract may be voided; (iv) inform
each state contractor and prospective state contractor that, in the case of
a prospective state contractor, if any such contribution is made or
solicited, the contract described in the state contract solicitation shall not
be awarded, unless the commission determines that mitigating
circumstances exist concerning such violation; and (v) inform each state
contractor and prospective state contractor that the state will not award Substitute House Bill No. 6444
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any other state contract to anyone found in violation of such
prohibitions for a period of one year after the election for which such
contribution is made or solicited, unless the commission determines that
mitigating circumstances exist concerning such violation. Each state
agency and quasi-public agency shall [distribute such notice to the chief
executive officer of its contractors and prospective state contractors, or
an authorized signatory to a state contract, and shall obtain a written
acknowledgment of the receipt of such notice.] include in the bid
specifications or request for proposals for a state contract, a copy of or
Internet link to such notice. No state agency or quasi-public agency shall
execute a state contract unless such contract contains a representation
that the chief executive officer or authorized signatory of the contract
has received such notice; and
(F) (i) Any principal of the state contractor or prospective state
contractor submitting a bid or proposal for a state contract shall certify
that neither the contractor or prospective state contractor, nor any of its
principals, have made any contributions to, or solicited any
contributions on behalf of, any party committee, exploratory committee,
candidate for state-wide office or for the General Assembly, or political
committee authorized to make contributions to or expenditures to or for,
the benefit of such candidates, in the previous four years, that were
determined by the State Elections Enforcement Commission to be in
violation of subparagraph (A) or (B) of this subdivision, without
mitigating circumstances having been found to exist concerning such
violation. Each such certification shall be sworn as true to the best
knowledge and belief of the person signing the certification, subject to
the penalties of false statement. If there is any change in the information
contained in the most recently filed certification, such person shall
submit an updated certification not later than thirty days after the
effective date of any such change or upon the submittal of any new bid
or proposal for a state contract, whichever is earlier. Substitute House Bill No. 6444
Public Act No. 21-76 12 of 40
(ii) Each state agency and quasi-public agency shall include in the bid
specifications or request for proposals for a state contract a notice of the
certification requirements of this subparagraph. No state agency or
quasi-public agency shall execute a state contract unless the state agency
or quasi-public agency obtains the written certification described in this
subparagraph.
(iii) Any principal of the state contractor or prospective state
contractor submitting a bid or proposal for a state contract shall disclose
on the certification all contributions made by any of its principals to any
party committee, exploratory committee, candidate for state-wide office
or for the General Assembly, or political committee authorized to make
contributions to or expenditures to or for the benefit of such candidates
for a period of four years prior to the signing of the contract or date of
the response to the bid, whichever is longer, and certify that all such
contributions have been disclosed.
Sec. 6. Subsection (c) of section 4a-60 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(c) Except as provided in section 10a-151i:
(1) Any contractor who has one or more contracts with an awarding
agency or who is a party to a municipal public works contract or a
contract for a quasi-public agency project [, where any such contract is
valued at less than fifty thousand dollars for each year of the contract,
shall provide the awarding agency, or in the case of a municipal public
works or quasi-public agency project contract, the Commission on
Human Rights and Opportunities, with a written or electronic
representation that complies with the nondiscrimination agreement and
warranty under subdivision (1) of subsection (a) of this section,
provided if there is any change in such representation, the contractor
shall provide the updated representation to the awarding agency or Substitute House Bill No. 6444
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commission not later than thirty days after such change] shall include a
nondiscrimination affirmation provision certifying that the contractor
understands the obligations of this section and will maintain a policy for
the duration of the contract to assure that the contract will be performed
in compliance with the nondiscrimination requirements of subsection
(a) of this section. The authorized signatory of the contract shall
demonstrate his or her understanding of this obligation by either (A)
initialing the nondiscrimination affirmation provision in the body of the
contract, or (B) providing an affirmative response in the required online
bid or response to a proposal question which asks if the contractor
understands its obligations.
[(2) Any contractor who has one or more contracts with an awarding
agency or who is a party to a municipal public works contract or a
contract for a quasi-public agency project, where any such contract is
valued at fifty thousand dollars or more for any year of the contract,
shall provide the awarding agency, or in the case of a municipal public
works or quasi-public agency project contract, the Commission on
Human Rights and Opportunities, with any one of the following:
(A) Documentation in the form of a company or corporate policy
adopted by resolution of the board of directors, shareholders, managers,
members or other governing body of such contractor that complies with
the nondiscrimination agreement and warranty under subdivision (1) of
subsection (a) of this section;
(B) Documentation in the form of a company or corporate policy
adopted by a prior resolution of the board of directors, shareholders,
managers, members or other governing body of such contractor if (i) the
prior resolution is certified by a duly authorized corporate officer of
such contractor to be in effect on the date the documentation is
submitted, and (ii) the head of the awarding agency, or a designee, or in
the case of a municipal public works or quasi-public agency project
contract, the executive director of the Commission on Human Rights Substitute House Bill No. 6444
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and Opportunities or a designee, certifies that the prior resolution
complies with the nondiscrimination agreement and warranty under
subdivision (1) of subsection (a) of this section; or
(C) Documentation in the form of an affidavit signed under penalty
of false statement by a chief executive officer, president, chairperson or
other corporate officer duly authorized to adopt company or corporate
policy that certifies that the company or corporate policy of the
contractor complies with the nondiscrimination agreement and
warranty under subdivision (1) of subsection (a) of this section and is in
effect on the date the affidavit is signed.]
[(3)] (2) No awarding agency, or in the case of a municipal public
works contract, no municipality, or in the case of a quasi-public agency
project contract, no entity, shall award a contract to a contractor [who]
that has not [provided the representation or documentation] included
the nondiscrimination affirmation provision in the contract and
demonstrated its understanding of such provision as required under
[subdivisions] subdivision (1) [and (2)] of this subsection. [, as
applicable. After the initial submission of such representation or
documentation, the contractor shall not be required to resubmit such
representation or documentation unless there is a change in the
information contained in such representation or documentation. If there
is any change in the information contained in the most recently filed
representation or updated documentation, the contractor shall submit
an updated representation or documentation, as applicable, either (A)
not later than thirty days after the effective date of such change, or (B)
upon the execution of a new contract with the awarding agency,
municipality or entity, as applicable, whichever is earlier. Such
contractor shall also certify, in accordance with subparagraph (B) or (C)
of subdivision (2) of this subsection, to the awarding agency or
commission, as applicable, not later than fourteen days after the twelve-
month anniversary of the most recently filed representation, Substitute House Bill No. 6444
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documentation or updated representation or documentation, that the
representation on file with the awarding agency or commission, as
applicable, is current and accurate.]
Sec. 7. Subsection (b) of section 4a-60a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) Except as provided in section 10a-151i:
(1) Any contractor who has one or more contracts with an awarding
agency or who is a party to a municipal public works contract or a
contract for a quasi-public agency project [, where any such contract is
valued at less than fifty thousand dollars for each year of the contract,
shall provide the awarding agency, or in the case of a municipal public
works or quasi-public agency project contract, the Commission on
Human Rights and Opportunities, with a written representation that
complies with the nondiscrimination agreement and warranty under
subdivision (1) of subsection (a) of this section] shall include a
nondiscrimination affirmation provision in the contract certifying that
the contractor understands the obligations of this section and will
maintain a policy for the duration of the contract to assure that the
contract will be performed in conformance with the nondiscrimination
requirements of this section. The authorized signatory of the contract
shall demonstrate his or her understanding of this obligation by either
(A) initialing the nondiscrimination affirmation provision in the body of
the contract, or (B) providing an affirmative response in the required
online bid or response to a proposal question which asks if the
contractor understands its obligations.
[(2) Any contractor who has one or more contracts with an awarding
agency or who is a party to a municipal public works contract or a
contract for a quasi-public agency project, where any such contract is
valued at fifty thousand dollars or more for any year of the contract, Substitute House Bill No. 6444
Public Act No. 21-76 16 of 40
shall provide such awarding agency, or in the case of a municipal public
works or quasi-public agency project contract, the Commission on
Human Rights and Opportunities, with any of the following:
(A) Documentation in the form of a company or corporate policy
adopted by resolution of the board of directors, shareholders, managers,
members or other governing body of such contractor that complies with
the nondiscrimination agreement and warranty under subdivision (1) of
subsection (a) of this section;
(B) Documentation in the form of a company or corporate policy
adopted by a prior resolution of the board of directors, shareholders,
managers, members or other governing body of such contractor if (i) the
prior resolution is certified by a duly authorized corporate officer of
such contractor to be in effect on the date the documentation is
submitted, and (ii) the head of the awarding agency, or a designee, or in
the case of a municipal public works or quasi-public agency project
contract, the executive director of the Commission on Human Rights
and Opportunities or a designee, certifies that the prior resolution
complies with the nondiscrimination agreement and warranty under
subdivision (1) of subsection (a) of this section; or
(C) Documentation in the form of an affidavit signed under penalty
of false statement by a chief executive officer, president, chairperson or
other corporate officer duly authorized to adopt company or corporate
policy that certifies that the company or corporate policy of the
contractor complies with the nondiscrimination agreement and
warranty under subdivision (1) of subsection (a) of this section and is in
effect on the date the affidavit is signed.]
[(3)] (2) No awarding agency, or in the case of a municipal public
works contract, no municipality, or in the case of a quasi-public agency
project contract, no entity, shall award a contract to a contractor who has
not [provided the representation or documentation] included the Substitute House Bill No. 6444
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nondiscrimination affirmation provision in the contract and
demonstrated its understanding of such provision as required under
[subdivisions] subdivision (1) [and (2)] of this subsection. [, as
applicable. After the initial submission of such representation or
documentation, the contractor shall not be required to resubmit such
representation or documentation unless there is a change in the
information contained in such representation or documentation. If there
is any change in the information contained in the most recently filed
representation or updated documentation, the contractor shall submit
an updated representation or documentation, as applicable, either (A)
not later than thirty days after the effective date of such change, or (B)
upon the execution of a new contract with the awarding agency,
municipality, or entity, as applicable, whichever is earlier. Such
contractor shall also certify, in accordance with subparagraph (B) or (C)
of subdivision (2) of this subsection, to the awarding agency or
commission, as applicable, not later than fourteen days after the twelve-
month anniversary of the most recently filed representation,
documentation or updated representation or documentation, that the
representation on file with the awarding agency or commission, as
applicable, is current and accurate.]
Sec. 8. Subdivision (1) of subsection (a) of section 4a-60g of the general
statutes is repealed and the following is substituted in lieu thereof
(Effective October 1, 2021, and applicable to certifications issued or renewed on
or after said date):
(1) "Small contractor" means (A) any contractor, subcontractor,
manufacturer, service company or [nonprofit] corporation that [(A)
that] (i) maintains its principal place of business in the state, [(B) that
had gross revenues not exceeding twenty million dollars in the most
recently completed fiscal year prior to such application, and (C) that is
independent. "Small contractor" does not include any person who is
affiliated with another person if both persons considered together have Substitute House Bill No. 6444
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a gross revenue exceeding twenty million dollars] and (ii) is registered
as a small business in the federal database maintained by the United
States General Services Administration, as required to do business with
the federal government, or (B) any nonprofit corporation that (i)
maintains its principal place of business in the state, (ii) had gross
revenues not exceeding twenty million dollars in the most recently
completed fiscal year prior to such application, and (iii) is independent.
Sec. 9. Subdivision (9) of subsection (a) of section 4a-60g of the general
statutes is repealed and the following is substituted in lieu thereof
(Effective October 1, 2021, and applicable to certifications issued or renewed on
or after said date):
(9) "Nonprofit corporation" means a [nonprofit] nonstock corporation
incorporated pursuant to chapter 602 or any predecessor statutes
thereto, which is exempt from taxation under any provision of section
501 of the Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United States, as amended
from time to time.
Sec. 10. Subsection (f) of section 4a-60g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(f) The awarding authority may require that a contractor or
subcontractor awarded a contract or a portion of a contract under this
section furnish the following documentation: (1) A copy of the certificate
of incorporation, certificate of limited partnership, partnership
agreement or other organizational documents of the contractor or
subcontractor; (2) a copy of federal income tax returns filed by the
contractor or subcontractor for the previous year; [and] (3) evidence of
payment of fair market value for the purchase or lease by the contractor
or subcontractor of property or equipment from another contractor who
is not eligible for set-aside contracts under this section; (4) evidence that Substitute House Bill No. 6444
Public Act No. 21-76 19 of 40
the principal place of business of the contractor or subcontractor is
located in the state; and (5) for any contractor or subcontractor certified
under subsection (k) of this section on or after October 1, 2021, evidence
of registration as a small business in the federal database maintained by
the United States General Services Administration, as required to do
business with the federal government.
Sec. 11. Subdivision (1) of subsection (k) of section 4a-60g of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2021):
(k) (1) On or before January 1, 2000, the Commissioner of
Administrative Services shall establish a process for certification of
small contractors and minority business enterprises as eligible for set-
aside contracts. Each certification shall be valid for a period not to
exceed two years, unless the Commissioner of Administrative Services
determines that an extension of such certification is warranted,
provided any such extension shall not exceed a period of six months
from such certification's original expiration date. [Any paper
application for certification shall be no longer than six pages.] Any
certification issued prior to October 1, 2021, shall remain valid for the
term listed on such certification unless revoked pursuant to subdivision
(2) of this subsection. The Department of Administrative Services shall
maintain on its web site an updated directory of small contractors and
minority business enterprises certified under this section.
Sec. 12. Subsection (b) of section 4a-57 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) The commissioner may, at [his] the commissioner's discretion,
waive the requirement of competitive bidding or competitive
negotiation in the case of minor nonrecurring [and] or emergency
purchases of ten thousand dollars or less in amount. Substitute House Bill No. 6444
Public Act No. 21-76 20 of 40
Sec. 13. Section 4a-60b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) For the purposes of this section:
(1) "Reverse auction" means an on-line bidding process in which
qualified bidders or qualified proposers, anonymous to each other,
submit bids or proposals to provide goods, [or] supplies or services
pursuant to an invitation to bid or request for proposals; [and]
(2) "Contracting agency" means a state agency with statutory
authority to award contracts for goods, [or] supplies or services, or a
political subdivision of the state or school district; [.] and
(3) "Services" does not include construction or construction-related
services.
(b) Notwithstanding any provision of the general statutes, whenever
a contracting agency determines that the use of a reverse auction is
advantageous to the contracting agency and will ensure a competitive
contract award, the contracting agency may use a reverse auction to
award a contract for goods, [or] supplies or services, in accordance with
any applicable requirement of the general statutes and policies of the
contracting agency. The contracting agency may contract with a third
party to prepare and manage any such reverse auction.
Sec. 14. Section 32-39e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) If, in the exercise of its powers under section 32-39, Connecticut
Innovations, Incorporated (1) finds that the use of a certain technology,
product or process (A) would promote public health and safety,
environmental protection or economic development, or (B) with regard
to state services, would promote efficiency, reduce administrative
burdens or otherwise improve such services, and (2) determines such Substitute House Bill No. 6444
Public Act No. 21-76 21 of 40
technology, product or process was developed by a business (A)
domiciled in this state to which the corporation has provided financial
assistance or in which the corporation has invested, or (B) which has
been certified as a small contractor or minority business enterprise by
the Commissioner of Administrative Services under section 4a-60g, as
amended by this act, the corporation, upon application of such business,
may recommend to the Secretary of the Office of Policy and
Management that an agency of the state, including, but not limited to,
any constituent unit of the state system of higher education, be
[directed] authorized to test such technology, product or process by
employing it in the operations of such agency on a trial basis. The
purpose of such test program shall be to validate the commercial
viability of such technology, product or process provided no business
in which Connecticut Innovations, Incorporated has invested shall be
required to participate in such program. [No]
(b) Connecticut Innovations, Incorporated shall make no such
recommendation [may be made] unless such business has submitted a
viable business plan to Connecticut Innovations, Incorporated for
manufacturing and marketing such technology, product or process and
such business demonstrates that (1) [will manufacture or produce such
technology, product or process in this state, (2) demonstrates that] the
usage of such technology, product or process by the state agency will
not adversely affect safety, [(3) demonstrates that] (2) sufficient research
and development has occurred to warrant participation in the test
program, [and (4) demonstrates that] (3) the technology, product or
process has potential for commercialization not later than two years
following the completion of any test program involving a state agency
under this section, and (4) such technology, product or process will have
a positive economic impact in the state, including the prospective
addition of jobs and economic activity upon such commercialization.
[(b)] (c) If the Secretary of the Office of Policy and Management finds Substitute House Bill No. 6444
Public Act No. 21-76 22 of 40
that employing such technology, product or process would be feasible
in the operations of a state agency and would not have any detrimental
effect on such operations, said secretary, notwithstanding the
requirement of chapter 58, may direct an agency of the state to accept
delivery of such technology, product or process and to undertake such
a test program. [Any] The Secretary of the Office of Policy and
Management, in consultation with the Commissioner of Administrative
Services, the chief executive officer of Connecticut Innovations,
Incorporated and the department head of the testing agency, shall
determine, on a case-by-case basis, whether the costs associated with the
acquisition and use of such technology, product or process by the testing
agency shall be borne by Connecticut Innovations, Incorporated, the
business or by any investor or participant in such business. The
acquisition of any technology, product or process for purposes of the
test program established pursuant to this section shall not be deemed to
be a purchase under the provisions of the state procurement policy. The
testing agency, on behalf of Connecticut Innovations, Incorporated shall
maintain records related to such test program, as requested by
Connecticut Innovations, Incorporated and shall make such records and
any other information derived from such test program available to
Connecticut Innovations, Incorporated and the business. Any
proprietary information derived from such test program shall be
exempt from the provisions of subsection (a) of section 1-210.
(d) If the Secretary of the Office of Policy and Management, in
consultation with the Commissioner of Administrative Services, the
chief executive officer of Connecticut Innovations, Incorporated and the
department head of the testing agency, determines that the test program
sufficiently demonstrates that the technology, product or process
promotes public health and safety, environmental protection, economic
development or efficiency, reduces administrative burdens or otherwise
improves state services, the Commissioner of Administrative Services
may procure such technology, product or process for use by any or all Substitute House Bill No. 6444
Public Act No. 21-76 23 of 40
state agencies pursuant to subsection (b) of section 4a-58.
[(c)] (e) The Secretary of the Office of Policy and Management, the
Commissioner of Administrative Services and Connecticut Innovations,
Incorporated may develop a program to recognize state agencies that
help to promote public health and safety, environmental protection, [or]
economic development or efficiency, reduce administrative burdens or
improve state services by participating in a testing program under this
section. Such program may include the creation of a fund established
with savings accrued by the testing agency during its participation in
the testing program established under this section. Such fund shall only
be used to implement the program of recognition established by the
Secretary of the Office of Policy and Management, the Commissioner of
Administrative Services and Connecticut Innovations, Incorporated,
under the provisions of this subsection.
Sec. 15. Section 4a-53 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) The Commissioner of Administrative Services may join with
federal agencies, other state governments, political subdivisions of this
state or nonprofit organizations in cooperative purchasing plans when
the best interests of the state would be served thereby.
(b) [The state, through] Any state agency, with the approval of the
Commissioner of Administrative Services or his or her designee, may
purchase equipment, supplies, materials and services from a person
who has a contract to sell such property or services to other state
governments, other branches, divisions or departments of this state,
political subdivisions of this state, nonprofit organizations or public
purchasing consortia, in accordance with the terms and conditions of
such contract.
(c) The Commissioner of Administrative Services, in conjunction with Substitute House Bill No. 6444
Public Act No. 21-76 24 of 40
the Department of Energy and Environmental Protection and within
available appropriations, shall make known to the chief executive
officer of each municipality the existence of cooperative plans for the
purchase of recycled paper.
Sec. 16. Section 4a-19 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
There shall be a State Insurance and Risk Management Board
consisting of [twelve] nine persons whom the Governor shall appoint
subject to the provisions of section 4-9a. [Four] Three of such appointees
shall be public members and [eight] six shall be qualified by training
and experience to carry out their duties under the provisions of sections
4a-20 and 4a-21. The Comptroller shall be an ex-officio voting member
of said board and may designate another person to act in his or her
place. Not more than [eight] five appointed members of said board shall,
at any time, be members of the same political party. Said appointed
members shall receive no compensation for the performance of their
duties as such but shall be reimbursed for their necessary expenses. The
board shall meet at least once during each calendar quarter and at such
other times as the chairperson deems necessary. Special meetings shall
be held on the request of a majority of the board after notice in
accordance with the provisions of section 1-225. [A majority] Five of the
members of the board shall constitute a quorum. Any member who fails
to attend three consecutive meetings or who fails to attend fifty per cent
of all meetings held during any calendar year shall be deemed to have
resigned from office. Said board shall be within the Department of
Administrative Services, provided the board shall have independent
decision-making authority. Said department shall provide staff support
for the board.
Sec. 17. (NEW) (Effective July 1, 2021) (a) As used in this section,
"agency" means each state board, authority, commission, department,
office, institution, council or other agency of the state including, but not Substitute House Bill No. 6444
Public Act No. 21-76 25 of 40
limited to, each constituent unit and each public institution of higher
education, and "quasi-public agency" has the same meaning as provided
in section 1-120 of the general statutes. Notwithstanding any provision
of the general statutes or public or special act, but subject to the
provisions of chapter 15 of the general statutes, any payment of fees due
to an agency or quasi-public agency may be made by any means of
electronic funds transfer adopted by such agency or quasi-public
agency.
(b) Notwithstanding any provision of the general statutes or public
or special act, but subject to the provisions of chapter 15 of the general
statutes, any correspondence or communication required to be
delivered to an agency or quasi-public agency by registered or certified
mail, return receipt requested, may be delivered by electronic means
with proof of a delivery receipt, in accordance with the provisions of
chapter 15 of the general statutes.
(c) Notwithstanding any provision of the general statutes or public or
special act, but subject to the provisions of chapter 15 of the general
statutes, any correspondence or communication required to be
delivered to an agency or quasi-public agency by United States mail or
facsimile may be delivered by electronic means, provided such agency
or quasi-public agency has determined such electronic delivery is
appropriate for such correspondence or communication.
(d) Notwithstanding any provision of the general statutes or public
or special act, but subject to the provisions of chapter 15 of the general
statutes, any requirement that an agency or quasi-public agency insert
an advertisement of a legal notice in a newspaper shall include posting
such notice on the agency's or quasi-public agency's Internet web site or
other electronic portal of the agency which is available to the general
public.
Sec. 18. Subsection (b) of section 4d-7 of the general statutes is Substitute House Bill No. 6444
Public Act No. 21-76 26 of 40
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) In order to facilitate the development of a fully integrated state-
wide information services and telecommunication system that
effectively and efficiently supports data processing and
telecommunication requirements of all state agencies, the strategic plan
shall include: (1) Guidelines and standards for the architecture for
information and telecommunication systems that support state
agencies, including, but not limited to, standards for digital identity
verification under section 1-276 that are consistent with industry
standards and best practices; (2) plans for a cost-effective state-wide
telecommunication network to support state agencies, which network
may consist of different types of transmission media, including wire,
fiber and radio, and shall be able to support voice, data, electronic mail,
video and facsimile transmission requirements and any other form of
information exchange that takes place via electromagnetic media; (3)
identification of annual expenditures and major capital commitments
for information and telecommunication systems; (4) identification of all
state agency technology projects; (5) a description of the efforts of
executive branch state agencies to use e-government solutions to deliver
state services and conduct state programs, including the feedback and
demands of clients of such agencies received by such agencies and such
agencies' plans to address client concerns by using online solutions,
when such solutions are determined feasible by such agencies; and (6)
potential opportunities for increasing the efficiency or reducing the
costs of the state's information and telecommunication systems.
Sec. 19. Section 4a-67d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) The fleet average for cars or light duty trucks purchased by the
state shall: (1) On and after October 1, 2001, have a United States
Environmental Protection Agency estimated highway gasoline mileage Substitute House Bill No. 6444
Public Act No. 21-76 27 of 40
rating of at least thirty-five miles per gallon and on and after January 1,
2003, have a United States Environmental Protection Agency estimated
highway gasoline mileage rating of at least forty miles per gallon, (2)
comply with the requirements set forth in 10 CFR 490 concerning the
percentage of alternative-fueled vehicles required in the state motor
vehicle fleet, and (3) obtain the best achievable mileage per pound of
carbon dioxide emitted in its class. The alternative-fueled vehicles
purchased by the state to comply with said requirements shall be
capable of operating on natural gas or electricity or any other system
acceptable to the United States Department of Energy that operates on
fuel that is available in the state.
(b) Notwithstanding any other provisions of this section, (1) on and
after January 1, 2008: (A) At least fifty per cent of all cars and light duty
trucks purchased or leased by the state shall be alternative-fueled,
hybrid electric or plug-in electric vehicles, (B) all alternative-fueled
vehicles purchased or leased by the state shall be certified to the
California Air Resources Board's Low Emission Vehicle II Ultra Low
Emission Vehicle Standard, and (C) all gasoline-powered light duty and
hybrid vehicles purchased or leased by the state shall, at a minimum, be
certified to the California Air Resource Board's Low Emission Vehicle II
Ultra Low Emission Vehicle Standard, (2) on and after January 1, 2012,
one hundred per cent of such cars and light duty trucks shall be
alternative-fueled, hybrid electric or plug-in electric vehicles, and (3) on
and after January 1, 2030, at least fifty per cent of such cars and light
duty trucks shall be zero-emission vehicles.
(c) On and after January 1, 2030, at least thirty per cent of all buses
purchased or leased by the state shall be zero-emission buses.
[(d) If the Commissioner of Administrative Services determines that
the vehicles required by the provisions of subsections (b) and (c) of this
section are not available for purchase or lease, the Commissioner of
Administrative Services shall include an explanation of such Substitute House Bill No. 6444
Public Act No. 21-76 28 of 40
determination in the annual report described in subsection (g) of this
section.]
[(e)] (d) The provisions of subsections (a) to (c), inclusive, of this
section shall not apply to any emergency vehicle.
[(f)] (e) As used in this section, (1) "emergency vehicle" means a
vehicle used by the Department of Motor Vehicles, Department of
Emergency Services and Public Protection, Department of Energy and
Environmental Protection, Department of Correction, Office of State
Capitol Police, Department of Mental Health and Addiction Services,
Department of Developmental Services, Department of Social Services,
Department of Children and Families, Department of Transportation,
Judicial Department, Board of Pardons and Paroles, Board of Regents
for Higher Education, The University of Connecticut or The University
of Connecticut Health Center for law enforcement or emergency
response purposes, (2) "hybrid" means a passenger car that draws
acceleration energy from two on-board sources of stored energy that
consists of either an internal combustion or heat engine which uses
combustible fuel and a rechargeable energy storage system, and, for any
passenger car or light duty truck with a model year of 2004 or newer,
that is certified to meet or exceed the California Air Resources Board's
LEV (Low Emission Vehicle) II LEV Standard, (3) "zero-emission
vehicle" means a battery electric vehicle, hybrid electric vehicle, range-
extended electric vehicle and any vehicle that is certified by the
executive officer of the California Air Resources Board to produce zero
emissions of any criteria pollutant under all operational modes and
conditions, and (4) "zero-emission bus" means any urban bus certified
by the executive officer of the California Air Resources Board to produce
zero emissions of any criteria pollutant under all operational modes and
conditions.
[(g) On or before January 1, 2008, and annually thereafter, the
Commissioner of Administrative Services, in consultation with the Substitute House Bill No. 6444
Public Act No. 21-76 29 of 40
Commissioner of Transportation, shall file a report with the joint
standing committees of the General Assembly having cognizance of
matters relating to government administration, the environment and
energy that includes: (1) Details on the composition of the state fleet,
including, but not limited to, a listing of all vehicles owned, leased or
used by the Departments of Transportation and Emergency Services
and Public Protection, the make, model and fuel type of vehicles that
compose the state fleet and the amount of fuel, including alternative
fuels, that each vehicle uses, (2) any changes to the determination made
by the Commissioner of Energy and Environmental Protection pursuant
to subsection (a) of section 35 of public act 07-4 of the June special
session or any update concerning the waiver application submitted
pursuant to subsection (a) of section 35 of public act 07-4 of the June
special session, as applicable, (3) any changes or amendments to the
plan required by subsection (b) of section 35 of public act 07-4 of the June
special session, (4) any changes or amendments to the plan required by
subsection (c) of section 35 of public act 07-4 of the June special session,
(5) a vehicle purchasing and procurement three-year plan that aligns
with the requirements of subdivision (3) of subsection (b) of this section
and subsection (c) of this section, and (6) an assessment of the
availability of zero-emission medium and heavy duty trucks and the
feasibility of the state purchasing or leasing zero-emission medium and
heavy duty trucks. The Departments of Transportation and Emergency
Services and Public Protection shall submit all data requested of said
departments by the Department of Administrative Services in
connection with the preparation of such report.
(h) The Commissioner of Administrative Services may enter into any
agreement necessary to carry out the provisions of subsection (g) of this
section.]
[(i)] (f) In performing the requirements of this section, the
Commissioners of Administrative Services, Energy and Environmental Substitute House Bill No. 6444
Public Act No. 21-76 30 of 40
Protection and Transportation shall, whenever possible, consider the
use of and impact on Connecticut-based companies.
[(j)] (g) The Commissioner of Administrative Services, in consultation
with the Commissioner of Transportation, shall study the feasibility of
creating a competitive bid process for the aggregate procurement of
zero-emission vehicles and zero-emission buses and determine whether
such aggregate procurement would achieve a cost savings on the
purchase of such vehicles and buses and related administrative costs.
On or before January 1, 2020, the Commissioner of Administrative
Services shall report, in accordance with the provisions of section 11-4a,
on the results of such study to the joint standing committees of the
General Assembly having cognizance of matters relating to government
administration and transportation. The Commissioner of
Administrative Services may proceed with such aggregate procurement
if the commissioner determines such aggregate procurement would
achieve a cost savings.
Sec. 20. Subsection (e) of section 4a-52a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(e) Notwithstanding the provisions of sections 4a-51 and 4a-52, the
Commissioner of Administrative Services may delegate authority to any
state agency to purchase supplies, materials, equipment and contractual
services, consistent with section 4a-67c, if the commissioner determines,
in writing, that (1) such delegation would reduce state purchasing costs
or result in more efficient state purchasing, and (2) the agency has
employees with experience and expertise in state purchasing statutes,
regulations and procedures. In determining which agencies to delegate
such purchasing authority to, the commissioner shall give preference to
agencies which have exceeded the set-aside requirements of section 4a-
60g, as amended by this act. An agency to whom such authority is
delegated shall comply with all such statutes, regulations and Substitute House Bill No. 6444
Public Act No. 21-76 31 of 40
procedures. [and shall submit annual reports to the Commissioner of
Administrative Services on its purchase orders, in a format prescribed
by the commissioner.] The Commissioner of Administrative Services or
his or her designee shall periodically review each such delegation of
purchasing authority and may revoke or modify a delegation upon
determining that the agency has violated any provision of the
delegation or that there is evidence of insufficient competition in the
competitive bidding or competitive negotiation process.
Sec. 21. Section 4a-6 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
[(a)] No state agency shall enter into any agreement, whether oral or
written, or renew any agreement for the leasing of any personal
property, except upon approval of the Commissioner of Administrative
Services and subject to such procedures as the commissioner may
establish respecting the leasing of personal property. The commissioner
shall cause to be kept a complete record of all personal property leased
by state agencies, the location of each item of such property and a copy
of all leasing agreements and renewals thereof.
[(b) On or before the fourth Wednesday after the convening of each
regular session of the General Assembly, the commissioner shall file
with the joint standing committee of the General Assembly having
cognizance of matters relating to appropriations and the budgets of state
agencies, a complete listing of all items of personal property leased by
state agencies, indicating each item leased, the lessee agency, the lessor
and the annual rental thereof.]
Sec. 22. Section 29-251a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
As used in this section, "program requirements" means any program
or part of a program which is required by law. The Commissioner of Substitute House Bill No. 6444
Public Act No. 21-76 32 of 40
Administrative Services, in consultation with the Codes and Standards
Committee, shall conduct a review of existing regulations of each state
agency to determine whether any provision of such regulations conflicts
with the State Building Code, the Fire Safety Code, the State Fire
Prevention Code or any other fire safety regulation adopted under this
chapter. The commissioner shall make recommendations to the
department head of any state agency which has regulations that are in
conflict with the State Building Code, the Fire Safety Code, the State Fire
Prevention Code or any other fire safety regulation adopted under this
chapter for the amendment of such regulations so they no longer are in
conflict with said codes or any such fire safety regulations. Not later
than ninety days following receipt of such recommendations, the
department head of such state agency shall initiate the process under
chapter 54 to amend or repeal such regulation in order to bring such
regulation into compliance with the State Building Code, the Fire Safety
Code, the State Fire Prevention Code or any other fire safety regulation
adopted under this chapter as the case may be, unless the amendment
or repeal of such regulation would result in a conflict with the applicable
agency's program requirements. [The Commissioner of Administrative
Services, in consultation with the Codes and Standards Committee, shall
report such recommendations to the joint standing committee of the
General Assembly having cognizance of matters relating to public
safety.]
Sec. 23. Section 29-418 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) All testing by or on behalf of a holder of a cigarette manufacturer's
license or by or on behalf of the Office of the State Fire Marshal to
determine a cigarette's compliance with the performance standard
specified in this section shall be conducted in accordance with the
following requirements:
(1) Testing of cigarettes shall be conducted in accordance with the Substitute House Bill No. 6444
Public Act No. 21-76 33 of 40
American Society of Testing and Materials or "ASTM" standard E2187-
04, "Standard Test Method for Measuring the Ignition Strength of
Cigarettes" or a subsequent ASTM Standard Test Method for Measuring
the Ignition Strength of Cigarettes upon a finding by the State Fire
Marshal that such subsequent method does not result in a change in the
percentage of full-length burns exhibited by any tested cigarette when
compared to the percentage of full-length burns the same cigarette
would exhibit when tested in accordance with ASTM standard E2187-
04 and the performance standard in subdivision (3) of this subsection;
(2) Testing shall be conducted on ten layers of filter paper;
(3) Not more than twenty-five per cent of the cigarettes tested in a test
trial in accordance with this section shall exhibit full-length burns. Forty
replicate tests shall comprise a complete test trial for each cigarette
tested;
(4) The performance standard required by this section shall only be
applied to a complete test trial;
(5) Written certifications shall be based upon testing conducted by a
laboratory that has been accredited pursuant to standard ISO or IEC
17025 of the International Organization for Standardization or such
other comparable accreditation standard as the Office of the State Fire
Marshal may require by regulation;
(6) Laboratories conducting testing in accordance with this section
shall implement a quality control and quality assurance program that
includes a procedure that will determine the repeatability of the testing
results. The repeatability value shall be no greater than 0.19. Such
program ensures that the testing repeatability remains within the
required repeatability value set forth in this subdivision for all test trials
used to certify cigarettes in accordance with this section and section 29-
419; and Substitute House Bill No. 6444
Public Act No. 21-76 34 of 40
(7) No additional testing under this section is required if cigarettes
are tested consistent with this section for any other purpose.
(b) Each cigarette that uses lowered permeability bands in the
cigarette paper to achieve compliance with the performance standard
set forth in this section shall have not less than two nominally identical
bands on the paper surrounding the tobacco column. At least one
complete band shall be located not less than fifteen millimeters from the
lighting end of the cigarette. For cigarettes on which the bands are
positioned by design, there shall be not less than two bands fully located
at least fifteen millimeters from the lighting end and ten millimeters
from the filter end of the tobacco column, or ten millimeters from the
labeled end of the tobacco column for nonfiltered cigarettes.
(c) A holder of a cigarette manufacturer's license that manufactures a
cigarette that the State Fire Marshal determines cannot be tested in
accordance with the test method prescribed in subdivision (1) of
subsection (a) of this section may propose an alternate test method and
performance standard for the cigarette to the State Fire Marshal. Upon
approval and a determination by the State Fire Marshal that the
performance standard proposed by the holder is equivalent to the
performance standard prescribed in subdivision (3) of subsection (a) of
this section, the holder may employ such test method and performance
standard to certify such cigarette pursuant to section 29-419. If the State
Fire Marshal determines that another state has enacted reduced
cigarette ignition propensity standards that include a test method and
performance standard that are the same as those contained in this
section, and the State Fire Marshal finds that the officials responsible for
implementing those requirements have approved the proposed
alternative test method and performance standard for a particular
cigarette proposed by a holder as meeting the reduced cigarette ignition
propensity standards of that state's law or regulations under a legal
provision comparable to this section, then the State Fire Marshal shall Substitute House Bill No. 6444
Public Act No. 21-76 35 of 40
authorize that holder to employ the alternative test method and
performance standard to certify that cigarette for sale in this state, unless
the State Fire Marshal has a reasonable basis for deciding that the
alternative test should not be accepted under said sections. All other
applicable requirements of this section shall apply to the holder.
(d) Each holder of a cigarette manufacturer's license shall maintain
copies of the reports of all tests conducted on all cigarettes with respect
to which such holder has submitted written certification in accordance
with the provisions of section 29-419. Such holder shall provide copies
of the reports available to the Office of the State Fire Marshal and to the
office of the Attorney General upon written request. Any holder that
fails to provide such copies not later than sixty days after receiving a
written request shall be subject to a civil penalty not to exceed ten
thousand dollars for each day after the sixtieth day that the holder does
not make such copies available.
[(e) The State Fire Marshal shall review the effectiveness of the
implementation of this section and shall submit a report to the joint
standing committee of the General Assembly having cognizance of
matters relating to public safety, in accordance with section 11-4a,
containing the State Fire Marshal's findings and, if appropriate,
recommendations for legislation to improve the effectiveness of this
section. Such report shall be submitted not later than June 30, 2011, and
every three years thereafter.]
Sec. 24. Subsection (a) of section 1-83 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) (1) All state-wide elected officers, members of the General
Assembly, department heads and their deputies, members or directors
of each quasi-public agency, members of the Investment Advisory
Council and such members of the Executive Department and such Substitute House Bill No. 6444
Public Act No. 21-76 36 of 40
employees of quasi-public agencies as the Governor shall require, shall
file, under penalty of false statement, a statement of financial interests
for the preceding calendar year with the Office of State Ethics on or
before the May first next in any year in which they hold such an office
or position. If, in any year, May first falls on a weekend or legal holiday,
such statement shall be filed not later than the next business day. Any
such individual who leaves his or her office or position shall file a
statement of financial interests covering that portion of the year during
which such individual held his or her office or position. The Office of
State Ethics shall notify such individuals of the requirements of this
subsection not later than sixty days after their departure from such
office or position. Such individuals shall file such statement not later
than sixty days after receipt of the notification.
(2) Each state agency, department, board and commission shall
develop and implement, in cooperation with the Office of State Ethics,
an ethics statement as it relates to the mission of the agency, department,
board or commission. The executive head of each such agency,
department, board or commission shall be directly responsible for the
development and enforcement of such ethics statement and shall file a
copy of such ethics statement with [the Department of Administrative
Services and] the Office of State Ethics.
Sec. 25. Section 4d-80 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) There is established a Commission for Educational Technology
within the Department of Administrative Services. The commission
shall consist of the following members or their designees: (1) The
Secretary of the Office of Policy and Management, the Commissioner of
Administrative Services, the Commissioner of Education, the
Commissioner of Economic and Community Development, the
president of The University of Connecticut and the president of the
Connecticut State Colleges and Universities, the State Librarian and the Substitute House Bill No. 6444
Public Act No. 21-76 37 of 40
Consumer Counsel, (2) one member each representing the Connecticut
Conference of Independent Colleges, the Connecticut Association of
Boards of Education, the Connecticut Conference of Municipalities, the
Connecticut Council of Small Towns, [and] the Connecticut Library
Association, [(3)] the Connecticut Association of Public School
Superintendents and the Connecticut Educators Computer Association,
(3) a secondary school teacher designated by the Connecticut Education
Association and an elementary school teacher designated by the
American Federation of Teachers–Connecticut, (4) four members who
represent business or have expertise in information technology, two of
whom shall be appointed by the Governor, one of whom shall be
appointed by the speaker of the House of Representatives and one of
whom shall be appointed by the president pro tempore of the Senate,
[(4)] (5) one member who is a chief elected official of a municipality, who
shall be appointed by the minority leader of the Senate, and [(5)] (6) one
member who is a representative of small business who shall be
appointed by the minority leader of the House of Representatives. The
commission shall convene a meeting at least once during each calendar
quarter.
(b) The Governor shall appoint a chairperson from among the
members of the commission or their designees. Subject to the provisions
of chapter 67, and within available appropriations, the commission may
appoint an executive director and such other employees as may be
necessary for the discharge of the duties of the commission.
Notwithstanding any provision of the general statutes, the executive
director shall have the option to elect participation in the state
employees retirement system, or the alternate retirement program
established for eligible employees in higher education or the teachers'
retirement system.
(c) The commission shall:
(1) Be the principal educational technology policy advisor for state Substitute House Bill No. 6444
Public Act No. 21-76 38 of 40
government;
(2) Develop, oversee and direct the attainment of state-wide
technology goals including:
(A) Connecting all institutions of higher education, libraries, public
elementary and secondary schools, regional educational service centers
and other parties through a state-wide high speed, flexible network that
will allow for video, voice and data transmission;
(B) Wiring all school classrooms and connecting them to the Internet
and to the state-wide [high speed] high-speed network through wired,
wireless, or any other digital transmission technology providing [high
speed] high-speed connectivity;
(C) Providing access for all public schools, public libraries and
libraries at institutions of higher education to a core set of on-line full
text resources and to the ability to purchase collaboratively for other
collections in order to maximize buying power;
(D) Ensuring, in cooperation with the State Board of Education,
competency in computing skills by the sixth grade for all students;
(E) Ensuring competency in specific computing skills and the
integration of technology into the curriculum for all public school
teachers;
(F) Ensuring that institutions of higher education offer a wide range
of course and degree programs via the Internet and through other
synchronous and asynchronous methods;
(3) Coordinate the activities of all state agencies, educational
institutions and other parties involved in the creation and management
of a reliable and secure network that will offer connectivity and allow
for the transmission of video, voice and data transmission to every Substitute House Bill No. 6444
Public Act No. 21-76 39 of 40
library, school, regional educational service center and institution of
higher education;
(4) Be the liaison between the Governor and the General Assembly
and local, state and federal organizations and entities with respect to
educational technology matters;
(5) Develop and maintain a long-range plan and make related
recommendations for the coordination of educational technology. The
plan shall (A) establish clear goals and a strategy for using
telecommunications and information technology to improve education,
(B) include a professional development strategy to ensure that teachers
and faculty know how to use the new technologies to improve
education, (C) include an assessment of the telecommunications,
hardware, software and other services that will be needed to improve
education, and (D) include an evaluation process that monitors progress
towards the specified goals;
(6) Measure the availability and usage of Internet access sites
available to the public, including, but not limited to, those maintained
by state and local government agencies, libraries, schools, institutions of
higher education, nonprofit organizations, businesses and other
organizations and recommend strategies for reducing the disparities in
Internet accessibility and usage across the state and among all potential
users;
(7) Establish methods and procedures to ensure the maximum
involvement of members of the public, educators, librarians,
representatives of higher education, the legislature and local officials in
educational technology matters and organize, as necessary, advisory
boards consisting of individuals with expertise in a particular discipline
significant to the work of the commission;
(8) [On] Report, on or before January [1, 2001, and] first, annually, Substitute House Bill No. 6444
Public Act No. 21-76 40 of 40
[thereafter, the commission shall report,] in accordance with section 11-
4a, on its activities, progress made in the attainment of the state-wide
technology goals as outlined in the long-range plan and any
recommendations to the joint standing committee of the General
Assembly having cognizance of matters relating to education and
appropriations and the budgets of state agencies, the State Board of
Education, and the Board of Regents for Higher Education. The report
shall include recommendations for adjustments to the funding formula
for grants pursuant to section 10-262n if there are school districts that
are at a disadvantage in terms of wiring their schools and the use of
technology in their schools;
(9) Enter into such contractual agreements, in accordance with
established procedures, as may be necessary to carry out the provisions
of this section;
(10) Take any other action necessary to carry out the provisions of this
section.
(d) The Commission for Educational Technology may request any
office, department, board, commission or other agency of the state to
supply such reports, information and assistance as may be necessary or
appropriate in order to carry out its duties and requirements.
(e) For purposes of this section, educational technology [shall
include] includes, but is not [be] limited to: (1) Computer-assisted
instruction; (2) information retrieval and data transfer; (3)
telecommunications related to voice, data and video transmission of
instruction related materials and courses; (4) the development and
acquisition of educational software; and (5) the instructional uses of the
Internet and other technologies.