LCO No. 4813 1 of 6 General Assembly Raised Bill No. 6754 January Session, 2023 LCO No. 4813 Referred to Committee on COMMERCE Introduced by: (CE) AN ACT CONCERNING INCENTIVES TO INCREASE EMPLOYMENT OF INDIVIDUALS WITH INTELLECTUAL DISABILITY. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective January 1, 2024, and applicable to income and 1 taxable years commencing on or after January 1, 2024) (a) As used in this 2 section: 3 (1) "Employer" means a person engaged in business that has 4 employees and that is subject to tax under chapter 208 or 229 of the 5 general statutes; 6 (2) "Income year" means the income year or taxable year, as 7 determined under chapter 208 or 229 of the general statutes, as the case 8 may be; and 9 (3) "New qualifying employee" means an individual with intellectual 10 disability, as defined in section 1-1g of the general statutes, who is hired 11 by an employer during the employer's income years commencing on or 12 after January 1, 2024. 13 Raised Bill No. 6754 LCO No. 4813 2 of 6 (b) (1) There is established a workforce development credit program 14 for employers whereby an employer who hires a new qualifying 15 employee may be allowed a credit against the tax imposed under 16 chapter 208 or 229 of the general statutes, other than the liability 17 imposed by section 12-707 of the general statutes. 18 (2) (A) With respect to each new qualifying employee who is hired to 19 work twenty-five hours or more per week, the credit shall be equal to 20 thirty per cent of the annual wage of such new qualifying employee, 21 provided the credit allowed under this subparagraph shall not exceed 22 five thousand dollars for any such employee for any one income year. 23 (B) With respect to each new qualifying employee who is hired to 24 work at least eight but less than twenty-five hours per week, the credit 25 shall be equal to fifteen per cent of the annual wage of such new 26 qualifying employee, provided the credit allowed under this 27 subparagraph shall not exceed two thousand five hundred dollars for 28 any such employee for any one income year. 29 (3) No employer may claim a credit for any new qualifying employee 30 who (A) is an owner, member or partner in the business of the employer, 31 (B) is not employed by the employer at the close of the income year of 32 the employer, (C) is hired to replace a former employee of such 33 employer who was laid off, or (D) is hired to replace an employee of 34 such employer who is on strike. 35 (4) No employer claiming the credit under this section, with respect 36 to a new qualifying employee, may claim any credit against any tax 37 under any other provision of the general statutes with respect to the 38 same new qualifying employee. 39 (c) If the employer is an S corporation or an entity treated as a 40 partnership for federal income tax purposes, the credit may be claimed 41 by the shareholders or partners of the employer. If the employer is a 42 single-member limited liability company that is disregarded as an entity 43 separate from its owner, the credit may be claimed by the limited 44 liability company's owner. 45 Raised Bill No. 6754 LCO No. 4813 3 of 6 (d) For an employer subject to the tax imposed under chapter 229 of 46 the general statutes, no credit allowed under this section shall exceed 47 the amount of tax imposed by chapter 229 of the general statutes. 48 Sec. 2. Subsection (c) of section 4a-59 of the general statutes is 49 repealed and the following is substituted in lieu thereof (Effective October 50 1, 2023): 51 (c) All open market orders or contracts shall be awarded to (1) the 52 lowest responsible qualified bidder, the qualities of the articles to be 53 supplied, their conformity with the specifications, their suitability to the 54 requirements of the state government and the delivery terms being 55 taken into consideration and, at the discretion of the Commissioner of 56 Administrative Services, life-cycle costs and trade-in or resale value of 57 the articles may be considered where it appears to be in the best interest 58 of the state, (2) the highest scoring bidder in a multiple criteria bid, in 59 accordance with the criteria set forth in the bid solicitation for the 60 contract, or (3) the proposer whose proposal is deemed by the awarding 61 authority to be the most advantageous to the state, in accordance with 62 the criteria set forth in the request for proposals, including price and 63 evaluation factors. Notwithstanding any provision of the general 64 statutes to the contrary, each state agency awarding a contract through 65 competitive negotiation shall include price as an explicit factor in the 66 criteria in the request for proposals and for the contract award. In 67 considering past performance of a bidder for the purpose of 68 determining the "lowest responsible qualified bidder" or the "highest 69 scoring bidder in a multiple criteria bid", the commissioner shall 70 evaluate the skill, ability and integrity of the bidder in terms of the 71 bidder's fulfillment of past contract obligations and the bidder's 72 experience or lack of experience in delivering supplies, materials, 73 equipment or contractual services of the size or amount for which bids 74 have been solicited. In determining the lowest responsible qualified 75 bidder for the purposes of this section, the commissioner may give a 76 price preference of up to ten per cent for (A) the purchase of goods made 77 with recycled materials or the purchase of recyclable or remanufactured 78 products if the commissioner determines that such preference would 79 Raised Bill No. 6754 LCO No. 4813 4 of 6 promote recycling or remanufacturing. As used in this subsection, 80 "recyclable" means able to be collected, separated or otherwise 81 recovered from the solid waste stream for reuse, or for use in the 82 manufacture or assembly of another package or product, by means of a 83 recycling program which is reasonably available to at least seventy-five 84 per cent of the state's population, "remanufactured" means restored to 85 its original function and thereby diverted from the solid waste stream 86 by retaining the bulk of components that have been used at least once 87 and by replacing consumable components and "remanufacturing" 88 means any process by which a product is remanufactured; (B) the 89 purchase of motor vehicles powered by a clean alternative fuel; (C) the 90 purchase of motor vehicles powered by fuel other than a clean 91 alternative fuel and conversion equipment to convert such motor 92 vehicles allowing the vehicles to be powered by either the exclusive use 93 of clean alternative fuel or dual use of a clean alternative fuel and a fuel 94 other than a clean alternative fuel. As used in this subsection, "clean 95 alternative fuel" means natural gas, electricity, hydrogen or propane 96 when used as a motor vehicle fuel; [or] (D) the purchase of goods or 97 services from a micro business, except that, in the case of a veteran-98 owned micro business, the commissioner may give a price preference of 99 up to fifteen per cent. As used in this subsection, "micro business" means 100 a business with gross revenues not exceeding three million dollars in the 101 most recently completed fiscal year, "veteran-owned micro business" 102 means a micro business of which at least fifty-one per cent of the 103 ownership is held by one or more veterans and "veteran" has the same 104 meaning as provided in section 27-103; or (E) the purchase of goods or 105 services from a business that, at the time when a bid or proposal is 106 submitted, employs a workforce of which not less than ten per cent 107 consists of individuals with intellectual disability, as defined in section 108 1-1g. All other factors being equal, preference shall be given to supplies, 109 materials and equipment produced, assembled or manufactured in the 110 state and services originating and provided in the state. Except with 111 regard to contracts that may be paid for with United States Department 112 of Transportation funds, if any such bidder refuses to accept, within ten 113 days, a contract awarded to such bidder, such contract may be awarded 114 Raised Bill No. 6754 LCO No. 4813 5 of 6 to the next lowest responsible qualified bidder or the next highest 115 scoring bidder in a multiple criteria bid, whichever is applicable, and so 116 on until such contract is awarded and accepted. Except with regard to 117 contracts that may be paid for with United States Department of 118 Transportation funds, if any such proposer refuses to accept, within ten 119 days, a contract awarded to such proposer, such contract shall be 120 awarded to the next most advantageous proposer, and so on until the 121 contract is awarded and accepted. There shall be a written evaluation 122 made of each bid. This evaluation shall identify the vendors and their 123 respective costs and prices, document the reason why any vendor is 124 deemed to be nonresponsive and recommend a vendor for award. A 125 contract valued at one million dollars or more shall be awarded to a 126 bidder other than the lowest responsible qualified bidder or the highest 127 scoring bidder in a multiple criteria bid, whichever is applicable, only 128 with written approval signed by the Commissioner of Administrative 129 Services and by the Comptroller. The commissioner shall post on the 130 department's Internet web site all awards made pursuant to the 131 provisions of this section. 132 Sec. 3. (NEW) (Effective October 1, 2023) (a) (1) The Commissioner of 133 Economic and Community Development shall establish a workforce 134 development program to provide grants to nonprofit organizations that 135 employ individuals with intellectual disability, as defined in section 1-136 1g of the general statutes. Such grants shall be awarded for 137 infrastructure expenditures, start-up costs or expansion costs. 138 (2) Any nonprofit organization that employs, at the time of 139 application, a workforce of which not less than ten per cent consists of 140 individuals with intellectual disability, as defined in section 1-1g of the 141 general statutes, may apply for a grant under the program. 142 (3) Grants awarded pursuant to this section shall not exceed: 143 (A) Twenty-five thousand dollars per nonprofit organization 144 employing a workforce of which between ten and thirty per cent 145 consists of individuals with intellectual disability; and 146 Raised Bill No. 6754 LCO No. 4813 6 of 6 (B) Seventy-five thousand dollars per nonprofit organization 147 employing a workforce of which more than thirty per cent consists of 148 individuals with intellectual disability. 149 (b) The Department of Economic and Community Development may 150 enter into an agreement, pursuant to chapter 55a of the general statutes, 151 with a person, firm, corporation or other entity to operate the program 152 established pursuant to this section. 153 (c) The commissioner shall prescribe the form and manner of the 154 application and such application procedure shall include a competitive 155 award process. 156 This act shall take effect as follows and shall amend the following sections: Section 1 January 1, 2024, and applicable to income and taxable years commencing on or after January 1, 2024 New section Sec. 2 October 1, 2023 4a-59(c) Sec. 3 October 1, 2023 New section Statement of Purpose: To establish: (1) A tax credit for certain employers that hire individuals with intellectual disability; (2) a state contracting price preference for certain businesses employing individuals with intellectual disability; and (3) a competitive grant program for certain nonprofit organizations employing individuals with intellectual disability. [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.]