| 17 | | - | Section 1. Section 7-438 of the general statutes is repealed and the |
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| 18 | | - | following is substituted in lieu thereof (Effective October 1, 2022): |
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| 19 | | - | (a) Any member retired under this part who again accepts |
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| 20 | | - | employment from [this] the state or from any municipality of [this] the |
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| 21 | | - | state other than a participating municipality, shall continue to receive |
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| 22 | | - | his or her retirement allowance while so employed, and shall be eligible |
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| 23 | | - | to participate, and shall be entitled to credit, in the state retirement |
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| 24 | | - | system for the period of such state employment, but [any such member] |
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| 25 | | - | he or she shall not be eligible to participate or be entitled to credit in any |
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| 26 | | - | municipal retirement system for the period of such municipal |
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| 27 | | - | employment. |
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| 28 | | - | (b) If a member is retired under this part and again accepts |
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| 29 | | - | employment from the same municipality from which he or she was |
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| 30 | | - | retired or any other participating municipality, he or she shall be eligible |
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| 31 | | - | to participate, and shall be entitled to credit, in the municipal employees' Substitute House Bill No. 5172 |
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| 19 | + | Section 1. Section 7-438 of the general statutes is repealed and the 1 |
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| 20 | + | following is substituted in lieu thereof (Effective October 1, 2022): 2 |
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| 21 | + | (a) Any member retired under this part who again accepts 3 |
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| 22 | + | employment from [this] the state or from any municipality of [this] the 4 |
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| 23 | + | state other than a participating municipality, shall continue to receive 5 |
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| 24 | + | his or her retirement allowance while so employed, and shall be eligible 6 |
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| 25 | + | to participate, and shall be entitled to credit, in the state retirement 7 |
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| 26 | + | system for the period of such state employment, but [any such member] 8 |
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| 27 | + | he or she shall not be eligible to participate or be entitled to credit in any 9 |
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| 28 | + | municipal retirement system for the period of such municipal 10 |
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| 29 | + | employment. 11 |
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| 30 | + | (b) If a member is retired under this part and again accepts 12 |
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| 31 | + | employment from the same municipality from which he or she was 13 |
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| 32 | + | retired or any other participating municipality, he or she shall be eligible 14 |
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| 33 | + | to participate, and shall be entitled to credit, in the municipal employees' 15 |
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| 34 | + | retirement system for the period of such municipal employment. Such 16 |
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| 35 | + | member shall receive no retirement allowance while so employed 17 |
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| 36 | + | except if (1) such employment is for less than twenty hours per week, 18 Substitute Bill No. 5172 |
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| 35 | | - | retirement system for the period of such municipal employment. Such |
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| 36 | | - | member shall receive no retirement allowance while so employed |
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| 37 | | - | except if (1) such employment is for less than twenty hours per week, |
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| 38 | | - | [or] (2) his or her services are rendered for not more than ninety working |
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| 39 | | - | days in any one calendar year, provided [that] any member reemployed |
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| 40 | | - | for a period of more than ninety working days in one calendar year shall |
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| 41 | | - | reimburse the Municipal Employees' Retirement Fund for retirement |
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| 42 | | - | income payments received during such ninety working days, or (3) such |
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| 43 | | - | member does not participate in the municipal employees' retirement |
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| 44 | | - | system during the period of his or her reemployment. |
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| 45 | | - | (c) Notwithstanding the provisions of subsections (a) and (b) of this |
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| 46 | | - | section, if a uniformed member of a paid municipal fire department or |
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| 47 | | - | regular member of a paid municipal police department is retired under |
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| 48 | | - | this part and subsequently accepts employment in a public safety |
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| 49 | | - | position from any school district or regional school district, which |
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| 50 | | - | district is a participating municipality, he or she shall continue to receive |
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| 51 | | - | his or her retirement allowance while so subsequently employed, but he |
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| 52 | | - | or she shall not be eligible to further participate or be entitled to |
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| 53 | | - | additional credit in the municipal employees' retirement system for the |
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| 54 | | - | period of such subsequent employment. |
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| 55 | | - | Sec. 2. Subsection (h) of section 8-214d of the general statutes is |
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| 56 | | - | repealed and the following is substituted in lieu thereof (Effective October |
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| 57 | | - | 1, 2022): |
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| 58 | | - | (h) (1) On and after June 2, 2016, until January 1, [2017] 2023, the |
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| 59 | | - | Commissioner of Housing may make a determination, based upon a full |
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| 60 | | - | examination of the circumstances, that a nonprofit corporation is unable |
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| 61 | | - | to develop or manage the land or interests in land acquired with state |
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| 62 | | - | financial assistance under this section. Upon such a determination, the |
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| 63 | | - | commissioner may (A) cause title to the land or interests in land |
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| 64 | | - | acquired with state financial assistance under this section to vest in the |
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| 65 | | - | state by foreclosure, voluntary transfer or other similar voluntary or Substitute House Bill No. 5172 |
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| 39 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05172- |
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| 40 | + | R01-HB.docx } |
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| 41 | + | 2 of 2 |
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| 67 | | - | Public Act No. 22-39 3 of 6 |
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| 43 | + | [or] (2) his or her services are rendered for not more than ninety working 19 |
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| 44 | + | days in any one calendar year, provided [that] any member reemployed 20 |
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| 45 | + | for a period of more than ninety working days in one calendar year shall 21 |
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| 46 | + | reimburse the Municipal Employees' Retirement Fund for retirement 22 |
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| 47 | + | income payments received during such ninety working days, or (3) such 23 |
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| 48 | + | member does not participate in the municipal employees' retirement 24 |
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| 49 | + | system during the period of his or her reemployment. 25 |
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| 50 | + | (c) Notwithstanding the provisions of subsections (a) and (b) of this 26 |
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| 51 | + | section, if a uniformed member of a paid municipal fire department or 27 |
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| 52 | + | regular member of a paid municipal police department is retired under 28 |
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| 53 | + | this part and subsequently accepts employment in a public safety 29 |
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| 54 | + | position from any school district or regional school district, which 30 |
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| 55 | + | district is a participating municipality, he or she shall continue to receive 31 |
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| 56 | + | his or her retirement allowance while so subsequently employed, but he 32 |
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| 57 | + | or she shall not be eligible to further participate or be entitled to 33 |
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| 58 | + | additional credit in the municipal employees' retirement system for the 34 |
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| 59 | + | period of such subsequent employment. 35 |
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| 60 | + | This act shall take effect as follows and shall amend the following |
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| 61 | + | sections: |
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| 69 | | - | compulsory action, [and the commissioner may take any action that is |
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| 70 | | - | in the best interests of the state to convey, upon] or (B) approve the |
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| 71 | | - | conveyance of such land or such interests in land by such nonprofit |
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| 72 | | - | corporation, with concurring approval of the Secretary of the Office of |
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| 73 | | - | Policy and Management. [, such land or interests in land, including, but |
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| 74 | | - | not limited to, (A) transferring, or authorizing] An approval of the |
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| 75 | | - | conveyance of land or interests in land pursuant to subparagraph (B) of |
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| 76 | | - | this subdivision may (i) authorize the transfer of [,] the land or interests |
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| 77 | | - | in land to the low and moderate income families that reside on such |
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| 78 | | - | land, [(B) determining whether any restrictions in the deed or deeds for |
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| 79 | | - | the land or interests in land shall be modified or removed prior to |
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| 80 | | - | conveying such land or interests in land and authorizing such |
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| 81 | | - | modifications or removals, or (C) establishing] and (ii) establish such |
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| 82 | | - | terms and conditions for such conveyance as the commissioner deems |
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| 83 | | - | appropriate under each particular transaction, including, but not |
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| 84 | | - | limited to, determining whether any restrictions in the deed or deeds for |
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| 85 | | - | the land or interests in land shall be modified, removed or released upon |
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| 86 | | - | such conveyance. |
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| 87 | | - | (2) The commissioner shall authorize the conveyance of land or |
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| 88 | | - | interests in land under subdivision (1) of this subsection in no more than |
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| 89 | | - | [one location] two locations within the city of Middletown. |
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| 90 | | - | Sec. 3. Subsection (c) of section 4a-100 of the 2022 supplement to the |
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| 91 | | - | general statutes is repealed and the following is substituted in lieu |
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| 92 | | - | thereof (Effective October 1, 2022): |
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| 93 | | - | (c) The application form shall, at a minimum, require the applicant to |
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| 94 | | - | supply information concerning: |
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| 95 | | - | (1) The applicant's form of organization; |
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| 96 | | - | (2) The applicant's principals and key personnel and any names |
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| 97 | | - | under which the applicant, principals or key personnel conducted Substitute House Bill No. 5172 |
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| 63 | + | Section 1 October 1, 2022 7-438 |
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| 99 | | - | Public Act No. 22-39 4 of 6 |
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| 100 | | - | |
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| 101 | | - | business during the past five years; |
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| 102 | | - | (3) Any legal or administrative proceedings settled or concluded |
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| 103 | | - | adversely against the applicant or any of the applicant's principals or |
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| 104 | | - | key personnel within the past five years which relate to the procurement |
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| 105 | | - | or performance of any public or private construction contract; |
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| 106 | | - | (4) Any legal or administrative proceedings concluded adversely |
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| 107 | | - | against the applicant or any of the applicant's principals or key |
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| 108 | | - | personnel within the past five years which relate to the nonpayment or |
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| 109 | | - | underpayment of wages or benefits to the applicant's, principal's or key |
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| 110 | | - | personnel's employees during the performance of any public or private |
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| 111 | | - | construction contract; |
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| 112 | | - | (5) Any administrative proceedings that concluded adversely against |
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| 113 | | - | the applicant during the past five years with the imposition of any civil |
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| 114 | | - | penalties pursuant to section 31-69a or the issuance of any stop work |
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| 115 | | - | orders pursuant to section 31-288; |
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| 116 | | - | [(5)] (6) The nature of any financial, personal or familial relationship |
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| 117 | | - | between the applicant and any public or private construction project |
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| 118 | | - | owner listed on the application as constituting construction experience; |
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| 119 | | - | [(6)] (7) A statement of whether (A) the applicant has been |
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| 120 | | - | disqualified pursuant to section 4b-95, this section or section 31-57c or |
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| 121 | | - | 31-57d, (B) the applicant is disqualified or prohibited from being |
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| 122 | | - | awarded a contract pursuant to section 31-57b, (C) the applicant has |
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| 123 | | - | been disqualified by another state, (D) the applicant has been |
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| 124 | | - | disqualified by a federal agency or pursuant to federal law, (E) the |
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| 125 | | - | applicant's registration has been suspended or revoked by the |
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| 126 | | - | Department of Consumer Protection pursuant to section 20-341gg, (F) |
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| 127 | | - | the applicant has been disqualified by a municipality, and (G) the |
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| 128 | | - | matters that gave rise to any such disqualification, suspension or |
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| 129 | | - | revocation have been eliminated or remedied; and Substitute House Bill No. 5172 |
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| 130 | | - | |
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| 131 | | - | Public Act No. 22-39 5 of 6 |
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| 132 | | - | |
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| 133 | | - | [(7)] (8) Other information as the commissioner deems relevant to the |
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| 134 | | - | determination of the applicant's qualifications and responsibilities. |
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| 135 | | - | Sec. 4. Subdivision (2) of subsection (k) of section 4a-100 of the 2022 |
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| 136 | | - | supplement to the general statutes is repealed and the following is |
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| 137 | | - | substituted in lieu thereof (Effective October 1, 2022): |
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| 138 | | - | (2) The commissioner shall deny or revoke the prequalification of any |
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| 139 | | - | contractor or substantial subcontractor if the commissioner finds that |
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| 140 | | - | the contractor or substantial subcontractor, or a principal or key |
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| 141 | | - | personnel of such contractor or substantial subcontractor, within the |
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| 142 | | - | past five years (A) has included any materially false statement in a |
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| 143 | | - | prequalification application or update statement, (B) has withheld any |
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| 144 | | - | information or documentation required in a prequalification |
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| 145 | | - | application, (C) has been convicted of, entered a plea of guilty or nolo |
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| 146 | | - | contendere for, or admitted to, a crime related to the procurement or |
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| 147 | | - | performance of any public or private construction contract, or [(C)] (D) |
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| 148 | | - | has otherwise engaged in fraud in obtaining or maintaining |
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| 149 | | - | prequalification. Any revocation made pursuant to this subsection shall |
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| 150 | | - | be made only after an opportunity for a hearing. Any contractor or |
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| 151 | | - | substantial subcontractor whose prequalification has been revoked |
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| 152 | | - | pursuant to this subsection shall be disqualified for a period of two years |
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| 153 | | - | after which the contractor or substantial subcontractor may reapply for |
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| 154 | | - | prequalification, except that a contractor or substantial subcontractor |
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| 155 | | - | whose prequalification has been revoked on the basis of conviction of a |
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| 156 | | - | crime or engaging in fraud shall be disqualified for a period of five years |
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| 157 | | - | after which the contractor or substantial subcontractor may reapply for |
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| 158 | | - | prequalification. The commissioner shall not prequalify a contractor or |
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| 159 | | - | substantial subcontractor whose prequalification has been revoked |
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| 160 | | - | pursuant to this subdivision until the expiration of said two-year, five- |
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| 161 | | - | year, or other applicable disqualification period and the commissioner |
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| 162 | | - | is satisfied that the matters that gave rise to the revocation have been |
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| 163 | | - | eliminated or remedied. Substitute House Bill No. 5172 |
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| 164 | | - | |
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| 165 | | - | Public Act No. 22-39 6 of 6 |
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| 166 | | - | |
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| 167 | | - | Sec. 5. Subsection (d) of section 4b-91 of the 2022 supplement to the |
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| 168 | | - | general statutes is repealed and the following is substituted in lieu |
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| 169 | | - | thereof (Effective October 1, 2022): |
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| 170 | | - | (d) Each bid submitted for a contract described in subsection (c) of |
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| 171 | | - | this section shall include an update statement in such form as the |
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| 172 | | - | Commissioner of Administrative Services prescribes and, if required by |
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| 173 | | - | the public agency soliciting such bid, a copy of the prequalification |
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| 174 | | - | certificate issued by the Commissioner of Administrative Services. The |
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| 175 | | - | form for such update statement shall provide space for information |
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| 176 | | - | regarding all projects completed by the bidder since the date the |
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| 177 | | - | bidder's prequalification certificate was issued or renewed, all projects |
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| 178 | | - | the bidder currently has under contract, including the percentage of |
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| 179 | | - | work on such projects not completed, the names and qualifications of |
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| 180 | | - | the personnel who will have supervisory responsibility for the |
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| 181 | | - | performance of the contract, any significant changes in the bidder's |
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| 182 | | - | financial position or corporate structure since the date the certificate was |
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| 183 | | - | issued or renewed, any change in the contractor's qualification status as |
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| 184 | | - | determined by the provisions of subdivision [(6)] (7) of subsection (c) of |
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| 185 | | - | section 4a-100, as amended by this act, and such other relevant |
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| 186 | | - | information as the Commissioner of Administrative Services prescribes. |
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| 187 | | - | Any public agency that accepts a bid submitted without a copy of such |
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| 188 | | - | prequalification certificate, if required by such public agency soliciting |
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| 189 | | - | such bid, and an update statement, may become ineligible for the receipt |
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| 190 | | - | of funds related to such bid, except the public agency soliciting such bids |
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| 191 | | - | may allow bidders no more than two business days after the opening of |
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| 192 | | - | bids to submit a copy of the prequalification certificate, if required by |
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| 193 | | - | such public agency, and an update statement. |
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| 65 | + | PD Joint Favorable Subst. |
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