Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB01076 Introduced / Bill

Filed 03/17/2021

                        
 
 
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General Assembly  Raised Bill No. 1076  
January Session, 2021 
LCO No. 5463 
 
 
Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
(GAE)  
 
 
 
 
AN ACT CONCERNING PU BLIC-PRIVATE PARTNERSHIPS AND 
PRIVATIZATION OF STATE SERVICES AT THE UNIVERSITY OF 
CONNECTICUT HEALTH C ENTER. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section, (1) 1 
"Costs" means all reasonable, relevant and verifiable expenses, 2 
including salary, materials, supplies, services, equipment, capital 3 
depreciation, rent, maintenance, repairs, utilities, insurance, travel, 4 
overhead, interim and final payments and the normal cost of fringe 5 
benefits, as calculated by the State Comptroller; (2) "normal cost of 6 
fringe benefits" means the amount of contributions required to fund the 7 
fringe benefits allocated to the current year of service; (3) "privatization 8 
contract" means an agreement or series of agreements between The 9 
University of Connecticut Health Center and a person or entity in which 10 
such person or entity agrees to provide services that are substantially 11 
similar to and in lieu of services provided, in whole or in part, by The 12 
University of Connecticut Health Center employees; (4) "public-private 13 
partnership" means the relationship established between The University 14  Raised Bill No.  1076 
 
 
 
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of Connecticut and a private entity by contracting for the performance 15 
of any combination of specified functions or responsibilities currently 16 
performed by The University of Connecticut Health Center; and (5) 17 
"savings" means the difference between the current annual direct and 18 
indirect costs of providing such services and the projected, annual direct 19 
and indirect costs of contracting to provide such services in any 20 
succeeding state fiscal year during the term of such proposed 21 
privatization contract. 22 
(b) (1) In lieu of complying with the provisions of section 4e-16 of the 23 
general statutes, The University of Connecticut Health Center shall 24 
obtain the approval of the General Assembly under this section prior to 25 
soliciting bids or issuing a request for proposals for any proposed 26 
privatization contract or public-private partnership contract that is 27 
estimated to cost in excess of one million dollars annually. The 28 
University of Connecticut Health Center shall submit (A) any such bid 29 
solicitation or request for proposals to the clerks of the House of 30 
Representatives and Senate, and (B) a copy of such solicitation or 31 
request for proposals to the joint standing committees of the General 32 
Assembly having cognizance of matters relating to higher education 33 
and government administration, in accordance with the provisions of 34 
section 11-4a of the general statutes. As part of such submission, the 35 
chief executive officer of The University Health Center shall certify that, 36 
based on the data and information, all projected costs, savings and 37 
benefits are valid and achievable. Any submission made under this 38 
subsection may be electronic. 39 
(2) The General Assembly shall approve such bid solicitation or 40 
request for proposals as a whole by a majority vote of each house or may 41 
reject such bid solicitation or request for proposals as a whole by a 42 
majority vote of either house. If the General Assembly is in session, it 43 
shall vote to approve or reject such bid solicitation or request for 44 
proposals not later than thirty days after The University of Connecticut 45 
Health Center files such contract with the General Assembly. Such 46 
thirty-day period shall not begin or expire unless the General Assembly 47 
is in regular session. If the General Assembly is not in session when such 48  Raised Bill No.  1076 
 
 
 
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bid solicitation or request for proposals is filed, it shall be submitted to 49 
the General Assembly not later than ten days after the first day of the 50 
next regular session or special session called for such purpose. For the 51 
purposes of this subsection, any bid solicitation or request for proposals 52 
filed with the clerks of the House of Representatives and Senate within 53 
thirty days before the commencement of a regular session of the General 54 
Assembly shall be deemed to be filed on the first day of such session. 55 
(c) The submission of any proposed bid solicitation or request for 56 
proposals by a state contracting agency in accordance with subsection 57 
(b) of this section shall be deemed to satisfy all requirements of 58 
subsections (c) and (d) of section 4e-16 of the general statutes.  59 
Sec. 2. Subdivision (28) of section 4e-1 of the general statutes is 60 
repealed and the following is substituted in lieu thereof (Effective July 1, 61 
2021): 62 
(28) "State contracting agency" means any executive branch agency, 63 
board, commission, department, office, institution or council. "State 64 
contracting agency" does not include the judicial branch, the legislative 65 
branch, the offices of the Secretary of the State, the State Comptroller, 66 
the Attorney General, the State Treasurer, with respect to their 67 
constitutional functions, any state agency with respect to contracts 68 
specific to the constitutional and statutory functions of the office of the 69 
State Treasurer. For the purposes of section 4e-16, "state contracting 70 
agency" includes any constituent unit of the state system of higher 71 
education, [and] for the purposes of section 4e-19, "state contracting 72 
agency" includes the State Education Resource Center, established 73 
under section 10-4q and for the purposes of section 1 of this act, "state 74 
contracting agency" includes The University of Connecticut Health 75 
Center; 76 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2021 New section 
Sec. 2 July 1, 2021 4e-1(28)  Raised Bill No.  1076 
 
 
 
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Statement of Purpose:   
To require The University of Connecticut Health Center to obtain the 
approval of the General Assembly prior to soliciting bids or a request 
for proposals for a privatization or public-private partnership contract. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]