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General Assembly Substitute Bill No. 1076
January Session, 2021
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 10
which such person or entity agrees to provide services that are 11
substantially similar to and in lieu of services provided, in whole or in 12
part, by The University of Connecticut Health Center employees; (4) 13
"public-private partnership" means the relationship established 14
between The University of Connecticut Health Center and a private 15
entity by contracting for the performance of any combination of 16
specified functions or responsibilities currently performed by The 17
University of Connecticut Health Center; and (5) "savings" means the 18
difference between the current annual direct and indirect costs of 19 Substitute Bill No. 1076
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providing such services and the projected, annual direct and indirect 20
costs of contracting to provide such services in any succeeding state 21
fiscal year during the term of such proposed 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 file (A) any such bid 29
solicitation or request for proposals with the clerks of the House of 30
Representatives and Senate, and (B) a copy of such solicitation or 31
request for proposals with 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 filing, the chief 35
executive officer of The University of Connecticut Health Center shall 36
certify that, based on the data and information, all projected costs, 37
savings and benefits are valid and achievable. Any filing made under 38
this 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 41
may 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 bid solicitation or request with the General 46
Assembly. Such thirty-day period shall not begin or expire unless the 47
General Assembly is in regular session. If the General Assembly is not 48
in session when such bid solicitation or request for proposals is filed, it 49
shall be submitted to the General Assembly not later than ten days after 50
the first day of the next regular session or special session called for such 51
purpose. For the purposes of this subsection, any bid solicitation or 52 Substitute Bill No. 1076
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request for proposals filed with the clerks of the House of 53
Representatives and Senate within thirty days before the 54
commencement of a regular session of the General Assembly shall be 55
deemed to be filed on the first day of such session. 56
(c) The filing of any proposed bid solicitation or request for proposals 57
by a state contracting agency in accordance with subsection (b) of this 58
section shall be deemed to satisfy all requirements of subsections (c) and 59
(d) of section 4e-16 of the general statutes. 60
Sec. 2. Subdivision (28) of section 4e-1 of the general statutes is 61
repealed and the following is substituted in lieu thereof (Effective July 1, 62
2021): 63
(28) "State contracting agency" means any executive branch agency, 64
board, commission, department, office, institution or council. "State 65
contracting agency" does not include the judicial branch, the legislative 66
branch, the offices of the Secretary of the State, the State Comptroller, 67
the Attorney General, the State Treasurer, with respect to their 68
constitutional functions, any state agency with respect to contracts 69
specific to the constitutional and statutory functions of the office of the 70
State Treasurer. For the purposes of section 4e-16, "state contracting 71
agency" includes any constituent unit of the state system of higher 72
education, [and] for the purposes of section 4e-19, "state contracting 73
agency" includes the State Education Resource Center, established 74
under section 10-4q, and for the purposes of section 1 of this act, "state 75
contracting agency" includes The University of Connecticut Health 76
Center; 77
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)
Substitute Bill No. 1076
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Statement of Legislative Commissioners:
In Section 1(a)(4), "Health Center" was added for consistency with the
rest of the section, in Section 1(b)(1) and (c), "submission" was changed
to "filing" for consistency and in section 1(b)(2), "contract" was changed
to "bid solicitation or request" for accuracy.
GAE Joint Favorable Subst. -LCO