Substitute House Bill No. 5172
Public Act No. 22-39
AN ACT CONCERNING REEMPLOYMENT AND THE MUNICIPAL
EMPLOYEES' RETIREMENT SYSTEM, CONVEYANCES OF
CERTAIN LAND OR INTERESTS IN LAND OF NONPROFIT
CORPORATIONS AND STATE CONTRACTOR
PREQUALIFICATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-438 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) Any member retired under this part who again accepts
employment from [this] the state or from any municipality of [this] the
state other than a participating municipality, shall continue to receive
his or her retirement allowance while so employed, and shall be eligible
to participate, and shall be entitled to credit, in the state retirement
system for the period of such state employment, but [any such member]
he or she shall not be eligible to participate or be entitled to credit in any
municipal retirement system for the period of such municipal
employment.
(b) If a member is retired under this part and again accepts
employment from the same municipality from which he or she was
retired or any other participating municipality, he or she shall be eligible
to participate, and shall be entitled to credit, in the municipal employees' Substitute House Bill No. 5172
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retirement system for the period of such municipal employment. Such
member shall receive no retirement allowance while so employed
except if (1) such employment is for less than twenty hours per week,
[or] (2) his or her services are rendered for not more than ninety working
days in any one calendar year, provided [that] any member reemployed
for a period of more than ninety working days in one calendar year shall
reimburse the Municipal Employees' Retirement Fund for retirement
income payments received during such ninety working days, or (3) such
member does not participate in the municipal employees' retirement
system during the period of his or her reemployment.
(c) Notwithstanding the provisions of subsections (a) and (b) of this
section, if a uniformed member of a paid municipal fire department or
regular member of a paid municipal police department is retired under
this part and subsequently accepts employment in a public safety
position from any school district or regional school district, which
district is a participating municipality, he or she shall continue to receive
his or her retirement allowance while so subsequently employed, but he
or she shall not be eligible to further participate or be entitled to
additional credit in the municipal employees' retirement system for the
period of such subsequent employment.
Sec. 2. Subsection (h) of section 8-214d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(h) (1) On and after June 2, 2016, until January 1, [2017] 2023, the
Commissioner of Housing may make a determination, based upon a full
examination of the circumstances, that a nonprofit corporation is unable
to develop or manage the land or interests in land acquired with state
financial assistance under this section. Upon such a determination, the
commissioner may (A) cause title to the land or interests in land
acquired with state financial assistance under this section to vest in the
state by foreclosure, voluntary transfer or other similar voluntary or Substitute House Bill No. 5172
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compulsory action, [and the commissioner may take any action that is
in the best interests of the state to convey, upon] or (B) approve the
conveyance of such land or such interests in land by such nonprofit
corporation, with concurring approval of the Secretary of the Office of
Policy and Management. [, such land or interests in land, including, but
not limited to, (A) transferring, or authorizing] An approval of the
conveyance of land or interests in land pursuant to subparagraph (B) of
this subdivision may (i) authorize the transfer of [,] the land or interests
in land to the low and moderate income families that reside on such
land, [(B) determining whether any restrictions in the deed or deeds for
the land or interests in land shall be modified or removed prior to
conveying such land or interests in land and authorizing such
modifications or removals, or (C) establishing] and (ii) establish such
terms and conditions for such conveyance as the commissioner deems
appropriate under each particular transaction, including, but not
limited to, determining whether any restrictions in the deed or deeds for
the land or interests in land shall be modified, removed or released upon
such conveyance.
(2) The commissioner shall authorize the conveyance of land or
interests in land under subdivision (1) of this subsection in no more than
[one location] two locations within the city of Middletown.
Sec. 3. Subsection (c) of section 4a-100 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(c) The application form shall, at a minimum, require the applicant to
supply information concerning:
(1) The applicant's form of organization;
(2) The applicant's principals and key personnel and any names
under which the applicant, principals or key personnel conducted Substitute House Bill No. 5172
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business during the past five years;
(3) Any legal or administrative proceedings settled or concluded
adversely against the applicant or any of the applicant's principals or
key personnel within the past five years which relate to the procurement
or performance of any public or private construction contract;
(4) Any legal or administrative proceedings concluded adversely
against the applicant or any of the applicant's principals or key
personnel within the past five years which relate to the nonpayment or
underpayment of wages or benefits to the applicant's, principal's or key
personnel's employees during the performance of any public or private
construction contract;
(5) Any administrative proceedings that concluded adversely against
the applicant during the past five years with the imposition of any civil
penalties pursuant to section 31-69a or the issuance of any stop work
orders pursuant to section 31-288;
[(5)] (6) The nature of any financial, personal or familial relationship
between the applicant and any public or private construction project
owner listed on the application as constituting construction experience;
[(6)] (7) A statement of whether (A) the applicant has been
disqualified pursuant to section 4b-95, this section or section 31-57c or
31-57d, (B) the applicant is disqualified or prohibited from being
awarded a contract pursuant to section 31-57b, (C) the applicant has
been disqualified by another state, (D) the applicant has been
disqualified by a federal agency or pursuant to federal law, (E) the
applicant's registration has been suspended or revoked by the
Department of Consumer Protection pursuant to section 20-341gg, (F)
the applicant has been disqualified by a municipality, and (G) the
matters that gave rise to any such disqualification, suspension or
revocation have been eliminated or remedied; and Substitute House Bill No. 5172
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[(7)] (8) Other information as the commissioner deems relevant to the
determination of the applicant's qualifications and responsibilities.
Sec. 4. Subdivision (2) of subsection (k) of section 4a-100 of the 2022
supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective October 1, 2022):
(2) The commissioner shall deny or revoke the prequalification of any
contractor or substantial subcontractor if the commissioner finds that
the contractor or substantial subcontractor, or a principal or key
personnel of such contractor or substantial subcontractor, within the
past five years (A) has included any materially false statement in a
prequalification application or update statement, (B) has withheld any
information or documentation required in a prequalification
application, (C) has been convicted of, entered a plea of guilty or nolo
contendere for, or admitted to, a crime related to the procurement or
performance of any public or private construction contract, or [(C)] (D)
has otherwise engaged in fraud in obtaining or maintaining
prequalification. Any revocation made pursuant to this subsection shall
be made only after an opportunity for a hearing. Any contractor or
substantial subcontractor whose prequalification has been revoked
pursuant to this subsection shall be disqualified for a period of two years
after which the contractor or substantial subcontractor may reapply for
prequalification, except that a contractor or substantial subcontractor
whose prequalification has been revoked on the basis of conviction of a
crime or engaging in fraud shall be disqualified for a period of five years
after which the contractor or substantial subcontractor may reapply for
prequalification. The commissioner shall not prequalify a contractor or
substantial subcontractor whose prequalification has been revoked
pursuant to this subdivision until the expiration of said two-year, five-
year, or other applicable disqualification period and the commissioner
is satisfied that the matters that gave rise to the revocation have been
eliminated or remedied. Substitute House Bill No. 5172
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Sec. 5. Subsection (d) of section 4b-91 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022):
(d) Each bid submitted for a contract described in subsection (c) of
this section shall include an update statement in such form as the
Commissioner of Administrative Services prescribes and, if required by
the public agency soliciting such bid, a copy of the prequalification
certificate issued by the Commissioner of Administrative Services. The
form for such update statement shall provide space for information
regarding all projects completed by the bidder since the date the
bidder's prequalification certificate was issued or renewed, all projects
the bidder currently has under contract, including the percentage of
work on such projects not completed, the names and qualifications of
the personnel who will have supervisory responsibility for the
performance of the contract, any significant changes in the bidder's
financial position or corporate structure since the date the certificate was
issued or renewed, any change in the contractor's qualification status as
determined by the provisions of subdivision [(6)] (7) of subsection (c) of
section 4a-100, as amended by this act, and such other relevant
information as the Commissioner of Administrative Services prescribes.
Any public agency that accepts a bid submitted without a copy of such
prequalification certificate, if required by such public agency soliciting
such bid, and an update statement, may become ineligible for the receipt
of funds related to such bid, except the public agency soliciting such bids
may allow bidders no more than two business days after the opening of
bids to submit a copy of the prequalification certificate, if required by
such public agency, and an update statement.