Connecticut 2023 Regular Session

Connecticut Senate Bill SB01223 Compare Versions

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7	7		General Assembly Substitute Bill No. 1223
8	8		January Session, 2023
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14	14		AN ACT CONCERNING THE STATE CONTRACTING STANDARDS
15	15		BOARD.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
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19	19		Section 1. (NEW) (Effective from passage) (a) Notwithstanding any 1
20	20		provision of the general statutes, the appropriations recommended for 2
21	21		the State Contracting Standards Board shall be the estimates of 3
22	22		expenditure requirements transmitted to the Secretary of the Office of 4
23	23		Policy and Management by the executive director of the board and the 5
24	24		recommended adjustments and revisions of such estimates shall be the 6
25	25		recommended adjustments and revisions, if any, transmitted by said 7
26	26		executive director to the Office of Policy and Management. 8
27	27		(b) Notwithstanding any provision of the general statutes, the 9
28	28		Governor shall not reduce allotment requisitions or allotments in force 10
29	29		concerning the State Contracting Standards Board. 11
30	30		Sec. 2. Section 4e-1 of the general statutes is repealed and the 12
31	31		following is substituted in lieu thereof (Effective July 1, 2023): 13
32	32		For the purposes of this section and sections [4e-1] 4e-2 to 4e-47, 14
33	33		inclusive, as amended by this act: 15
34	34		(1) "Best value selection" means a contract selection process in which 16 Substitute Bill No. 1223
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41	41		the award of a contract is based on a combination of quality, timeliness 17
42	42		and cost factors; 18
43	43		(2) "Bid" means an offer, submitted in response to an invitation to bid, 19
44	44		to furnish supplies, materials, equipment, construction or contractual 20
45	45		services to a state contracting agency under prescribed conditions at a 21
46	46		stated price; 22
47	47		(3) "Bidder" means a business submitting a bid in response to an 23
48	48		invitation to bid by a state contracting agency; 24
49	49		(4) "Business" means any individual or sole proprietorship, 25
50	50		partnership, firm, corporation, trust, limited liability company, limited 26
51	51		liability partnership, joint stock company, joint venture, association or 27
52	52		other legal entity through which business for profit or not-for-profit is 28
53	53		conducted; 29
54	54		(5) "Competitive bidding" means the submission of prices by a 30
55	55		business competing for a contract to provide supplies, materials, 31
56	56		equipment or contractual services to a state contracting agency, under a 32
57	57		procedure in which the contracting authority does not negotiate prices, 33
58	58		as set forth in statutes and regulations concerning procurement; 34
59	59		(6) "Consultant" means (A) any architect, professional engineer, 35
60	60		landscape architect, land surveyor, accountant, interior designer, 36
61	61		environmental professional or construction administrator, who is 37
62	62		registered or licensed to practice such person's profession in accordance 38
63	63		with the applicable provisions of the general statutes, (B) any planner or 39
64	64		any environmental, management or financial specialist, or (C) any 40
65	65		person who performs professional work in areas including, but not 41
66	66		limited to, educational services, medical services, information 42
67	67		technology and real estate appraisal; 43
68	68		(7) "Consultant services" means those professional services rendered 44
69	69		by a consultant and any incidental services that a consultant and those 45
70	70		in the consultant's employ are authorized to perform; 46 Substitute Bill No. 1223
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77	77		(8) "Contract" [or "state contract"] means an agreement or a 47
78	78		combination or series of agreements between a state contracting agency 48
79	79		[or quasi-public agency] and a business for: 49
80	80		(A) A project for the construction, reconstruction, alteration, 50
81	81		remodeling, repair or demolition of any public building, public work, 51
82	82		mass transit, rail station, parking garage, rail track or airport; 52
83	83		(B) Services, including, but not limited to, consultant and professional 53
84	84		services; 54
85	85		(C) The acquisition or disposition of personal property; 55
86	86		(D) The provision of goods and services, including, but not limited 56
87	87		to, the use of purchase of services contracts and personal service 57
88	88		agreements; 58
89	89		(E) The provision of information technology, state agency 59
90	90		information system or telecommunication system facilities, equipment 60
91	91		or services; 61
92	92		(F) A lease; or 62
93	93		(G) A licensing agreement; 63
94	94		"Contract" [or "state contract"] does not include a contract between a 64
95	95		state contracting agency [or a quasi-public agency] and a political 65
96	96		subdivision of the state; 66
97	97		(9) "Term contract" means the agreement reached when the state 67
98	98		accepts a bid or proposal to furnish supplies, materials, equipment or 68
99	99		contractual services at a stated price for a specific period of time in 69
100	100		response to an invitation to bid; 70
101	101		(10) "Contract risk assessment" means (A) the identification and 71
102	102		evaluation of loss exposures and risks, including, but not limited to, 72
103	103		business and legal risks associated with the contracting process and the 73
104	104		contracted goods and services, and (B) the identification, evaluation and 74 Substitute Bill No. 1223
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111	111		implementation of measures available to minimize potential loss 75
112	112		exposures and risks; 76
113	113		(11) "Contractor" means any business that is awarded, or is a 77
114	114		subcontractor under, a contract or an amendment to a contract with a 78
115	115		state contracting agency under statutes and regulations concerning 79
116	116		procurement, including, but not limited to, a small contractor, minority 80
117	117		business enterprise, an individual with a disability, as defined in section 81
118	118		4a-60, or an organization providing products and services by persons 82
119	119		with disabilities; 83
120	120		(12) "Contractual services" means the furnishing of labor by a 84
121	121		contractor, not involving the delivery of a specific end product other 85
122	122		than reports, which are merely incidental to the required performance 86
123	123		and includes any and all laundry and cleaning service, pest control 87
124	124		service, janitorial service, security service, the rental and repair, or 88
125	125		maintenance, of equipment, machinery and other [state-owned] 89
126	126		personal property owned by a state contracting agency, advertising and 90
127	127		photostating, mimeographing, human services and other service 91
128	128		arrangements where the services are provided by persons other than 92
129	129		state employees or quasi-public agency employees. "Contractual 93
130	130		services" includes the design, development and implementation of 94
131	131		technology, communications or telecommunications systems or the 95
132	132		infrastructure pertaining thereto, including hardware and software and 96
133	133		services for which a contractor is conferred a benefit by the state, 97
134	134		whether or not compensated by the state. "Contractual services" does 98
135	135		not include employment agreements or collective bargaining 99
136	136		agreements; 100
137	137		(13) "Data" means recorded information, regardless of form or 101
138	138		characteristic; 102
139	139		(14) "Vote of two-thirds of the members of the board present and 103
140	140		voting" means a vote by the State Contracting Standards Board that is 104
141	141		agreed upon by two-thirds of the members of the State Contracting 105
142	142		Standards Board present and voting for a particular purpose and that 106 Substitute Bill No. 1223
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149	149		includes the vote of one member of the board appointed by a legislative 107
150	150		leader; 108
151	151		(15) "Electronic" means electrical, digital, magnetic, optical, 109
152	152		electromagnetic, or any other similar technology; 110
153	153		(16) "Emergency procurement" means procurement by a state 111
154	154		contracting agency, [quasi-public agency, as defined in section 1-120,] 112
155	155		judicial department or constituent unit of higher education that is made 113
156	156		necessary by a sudden, unexpected occurrence that poses a clear and 114
157	157		imminent danger to public safety or requires immediate action to 115
158	158		prevent or mitigate the loss or impairment of life, health, property or 116
159	159		essential public services or in response to a court order, settlement 117
160	160		agreement or other similar legal judgment; 118
161	161		(17) "Equipment" means personal property of a durable nature that 119
162	162		retains its identity throughout its useful life; 120
163	163		(18) "Materials" means items required to perform a function or used 121
164	164		in a manufacturing process, particularly those incorporated into an end 122
165	165		product or consumed in its manufacture; 123
166	166		(19) "Nonprofit agency" means any organization that is not a for-124
167	167		profit business under Section 501(c)(3) of the Internal Revenue Code of 125
168	168		1986, or any subsequent corresponding internal revenue code of the 126
169	169		United States, as amended from time to time, [amended,] makes no 127
170	170		distribution to its members, directors or officers and provides services 128
171	171		contracted for by (A) the state or a quasi-public agency, or (B) a nonstate 129
172	172		entity; 130
173	173		(20) "Professional services" means any type of service to the public 131
174	174		that requires that members of a profession rendering such service obtain 132
175	175		a license or other legal authorization as a condition precedent to the 133
176	176		rendition thereof, including, but not limited to, the professional services 134
177	177		of architects, professional engineers, or jointly by architects and 135
178	178		professional engineers, landscape architects, certified public 136
179	179		accountants and public accountants, land surveyors, attorneys-at-law, 137 Substitute Bill No. 1223
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186	186		psychologists, licensed marital and family therapists, licensed 138
187	187		professional counselors and licensed clinical social workers as well as 139
188	188		such other professional services described in section 33-182a; 140
189	189		(21) "Privatization contract" means an agreement or series of 141
190	190		agreements between a state contracting agency and a person or entity in 142
191	191		which such person or entity agrees to provide services that are 143
192	192		substantially similar to and in lieu of services provided, in whole or in 144
193	193		part, by state employees or quasi-public agency employees, other than 145
194	194		contracts with a nonprofit agency, which are in effect as of January 1, 146
195	195		2009, and which through a renewal, modification, extension or 147
196	196		rebidding of contracts continue to be provided by a nonprofit agency; 148
197	197		(22) "Procurement" means contracting for, buying, purchasing, 149
198	198		renting, leasing or otherwise acquiring or disposing of, any supplies, 150
199	199		services, including but not limited to, contracts for purchase of services 151
200	200		and personal service agreements, interest in real property, or 152
201	201		construction, and includes all government functions that relate to such 153
202	202		activities, including best value selection and qualification based 154
203	203		selection; 155
204	204		(23) "Proposer" means a business submitting a proposal to a state 156
205	205		contracting agency in response to a request for proposals or other 157
206	206		competitive sealed proposal; 158
207	207		(24) "Public record" means a public record, as defined in section 1-159
208	208		200; 160
209	209		(25) "Qualification based selection" means a contract selection process 161
210	210		in which the award of a contract is primarily based on an assessment of 162
211	211		contractor qualifications and on the negotiation of a fair and reasonable 163
212	212		price; 164
213	213		(26) "Regulation" means regulation, as defined in section 4-166; 165
214	214		(27) "Request for proposals" means all documents, whether attached 166
215	215		or incorporated by reference, utilized for soliciting proposals; 167 Substitute Bill No. 1223
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222	222		(28) "State contracting agency" means any executive branch agency, 168
223	223		board, commission, department, office, institution, [or] council or quasi-169
224	224		public agency. "State contracting agency" does not include the judicial 170
225	225		branch, the legislative branch, the offices of the Secretary of the State, 171
226	226		the State Comptroller, the Attorney General, the State Treasurer, with 172
227	227		respect to their constitutional functions, any state agency with respect 173
228	228		to contracts specific to the constitutional and statutory functions of the 174
229	229		office of the State Treasurer. For the purposes of section 4e-16, as 175
230	230		amended by this act, "state contracting agency" includes any constituent 176
231	231		unit of the state system of higher education and [for the purposes of 177
232	232		section 4e-19, "state contracting agency" includes the State Education 178
233	233		Resource Center, established under section 10-4q] The University of 179
234	234		Connecticut Health Center Finance Corporation; 180
235	235		(29) "Subcontractor" means a subcontractor of a contractor for work 181
236	236		under a contract or an amendment to a contract; 182
237	237		(30) "Supplies" means any and all articles of personal property, 183
238	238		including, but not limited to, equipment, materials, printing, insurance 184
239	239		and leases of real property, excluding land or a permanent interest in 185
240	240		land furnished to or used by any state agency; 186
241	241		(31) "Infrastructure facility" means a building, structure or network 187
242	242		of buildings, structures, pipes, controls and equipment that provide 188
243	243		transportation, utilities, public education or public safety services. 189
244	244		[Infrastructure facility] "Infrastructure facility" includes government 190
245	245		office buildings, public schools, jails, water treatment plants, 191
246	246		distribution systems and pumping stations, wastewater treatment 192
247	247		plants, collections systems and pumping stations, solid waste disposal 193
248	248		plants, incinerators, landfills, and related facilities, public roads and 194
249	249		streets, highways, public parking facilities, public transportation 195
250	250		systems, terminals and rolling stock, rail, air and water port structures, 196
251	251		terminals and equipment; [and] 197
252	252		(32) "State employee" means state employee, as defined in section 5-198
253	253		154 and, for purposes of section 4e-16, as amended by this act, [state 199 Substitute Bill No. 1223
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260	260		employee] "state employee" includes an employee of any state 200
261	261		contracting agency that is not a quasi-public agency; and 201
262	262		(33) "Quasi-public agency" has the same meaning as provided in 202
263	263		section 1-120. 203
264	264		Sec. 3. Subsections (g) and (h) of section 4e-2 of the general statutes 204
265	265		are repealed and the following is substituted in lieu thereof (Effective July 205
266	266		1, 2023): 206
267	267		(g) The board shall appoint a Chief Procurement Officer for a term 207
268	268		not to exceed six years, unless reappointed pursuant to the provisions 208
269	269		of this subsection. The Chief Procurement Officer shall report to the 209
270	270		board and annually be evaluated by, and serve at the pleasure of, the 210
271	271		board. For administrative purposes only, the Chief Procurement Officer 211
272	272		shall be supervised by the executive director. 212
273	273		(1) The Chief Procurement Officer shall be responsible for carrying 213
274	274		out the policies of the board relating to procurement including, but not 214
275	275		limited to, oversight, investigation, auditing, agency procurement 215
276	276		certification and procurement and project management training and 216
277	277		enforcement of [said] such policies as well as the application of such 217
278	278		policies to the screening and evaluation of current and prospective 218
279	279		contractors. The Chief Procurement Officer may enter into such 219
280	280		contractual agreements as may be necessary for the discharge of the 220
281	281		duties as set forth in this subsection and by the board, including, but not 221
282	282		limited to, recommending best practices and providing operational and 222
283	283		administrative assistance to state agencies determined, by the board, to 223
284	284		be in violation of sections 4e-16 to 4e-47, inclusive, as amended by this 224
285	285		act. 225
286	286		(2) In addition to the duties set forth by the board, the Chief 226
287	287		Procurement Officer shall (A) oversee state contracting agency 227
288	288		compliance with the provisions of statutes and regulations concerning 228
289	289		procurement; (B) monitor and assess the performance of the 229
290	290		procurement duties of each agency procurement officer; (C) administer 230 Substitute Bill No. 1223
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297	297		the certification system and monitor the level of agency compliance with 231
298	298		the requirements of statutes and regulations concerning procurement, 232
299	299		including, but not limited to, the education and training, performance 233
300	300		and qualifications of agency procurement officers; (D) review and 234
301	301		monitor the procurement processes of each state contracting agency [, 235
302	302		quasi-public agencies] and institutions of higher education; and (E) 236
303	303		serve as chairperson of the Contracting Standards Advisory Council 237
304	304		and an ex-officio member of the Vendor and Citizen Advisory Panel. 238
305	305		(h) The board may contract with consultants and professionals on a 239
306	306		temporary or project by project basis, and [may] shall employ, subject 240
307	307		to the provisions of chapter 67, [such] not less than five full-time 241
308	308		employees and may employ additional employees as may be necessary 242
309	309		to carry out the provisions of this section. 243
310	310		Sec. 4. Subdivision (2) of subsection (a) of section 4e-3 of the general 244
311	311		statutes is repealed and the following is substituted in lieu thereof 245
312	312		(Effective July 1, 2023): 246
313	313		(2) Any state contracting agency's contracting and procurement 247
314	314		processes, including, but not limited to, leasing and property transfers, 248
315	315		purchasing or leasing of supplies, materials or equipment, consultant or 249
316	316		consultant services, purchase of service agreements or privatization 250
317	317		contracts; and 251
318	318		Sec. 5. Section 4e-4 of the general statutes is repealed and the 252
319	319		following is substituted in lieu thereof (Effective July 1, 2023): 253
320	320		Except as otherwise provided in the general statutes, the board shall 254
321	321		have the following authority and responsibilities with respect to 255
322	322		procurements by state contracting agencies: 256
323	323		[(a)] (1) Recommend the repeal of repetitive, conflicting or obsolete 257
324	324		statutes concerning [state] procurement; 258
325	325		[(b)] (2) Review and make recommendations concerning proposed 259
326	326		legislation and regulations concerning procurement, management, 260 Substitute Bill No. 1223
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333	333		control, and disposal of any and all supplies, services, and construction 261
334	334		to be procured by [the] state contracting agencies, including, but not 262
335	335		limited to: 263
336	336		[(1)] (A) Conditions and procedures for delegation of procurement 264
337	337		authority; 265
338	338		[(2)] (B) Prequalification, suspension, debarment and reinstatement 266
339	339		of prospective bidders and contractors; 267
340	340		[(3)] (C) Small purchase procedures; 268
341	341		[(4)] (D) Conditions and procedures for the procurement of 269
342	342		perishables and items for resale; 270
343	343		[(5)] (E) Conditions and procedures for the use of source selection 271
344	344		methods authorized by statutes and regulations concerning 272
345	345		procurement; 273
346	346		[(6)] (F) Conditions and procedures for the use of emergency 274
347	347		procurements; 275
348	348		[(7)] (G) Conditions and procedures for the selection of contractors by 276
349	349		processes or methods that restrict full and open competition; 277
350	350		[(8)] (H) The opening or rejection of bids and offers, and waiver of 278
351	351		errors in bids and offers; 279
352	352		[(9)] (I) Confidentiality of technical data and trade secrets submitted 280
353	353		by actual or prospective bidders; 281
354	354		[(10)] (J) Partial, progressive and multiple awards; 282
355	355		[(11)] (K) Supervision of storerooms and inventories, including 283
356	356		determination of appropriate stock levels and the management, 284
357	357		transfer, sale or other disposal of publicly-owned supplies; 285
358	358		[(12)] (L) Definitions and classes of contractual services and 286 Substitute Bill No. 1223
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365	365		procedures for acquiring such services; 287
366	366		[(13)] (M) Regulations providing for conducting cost and price 288
367	367		analysis; 289
368	368		[(14)] (N) Use of payment and performance bonds; 290
369	369		[(15)] (O) Guidelines for use of cost principles in negotiations, 291
370	370		adjustments and settlements; and 292
371	371		[(16)] (P) Identification of procurement best practices; 293
372	372		[(c)] (3) Adopt regulations, pursuant to chapter 54, to carry out the 294
373	373		provisions of statutes concerning procurement, in order to facilitate 295
374	374		consistent application of the law and require the implementation of 296
375	375		procurement best practices; 297
376	376		[(d)] (4) Make recommendations with regard to information systems 298
377	377		for [state] procurement including, but not limited to, data element and 299
378	378		design and the State Contracting Portal; 300
379	379		[(e)] (5) Develop a guide to state statutes and regulations concerning 301
380	380		procurement, for use by all state contracting agencies; 302
381	381		[(f)] (6) Assist state contracting agencies in complying with the 303
382	382		statutes and regulations concerning procurement by providing 304
383	383		guidance, models, advice and practical assistance to state contracting 305
384	384		agency staff relating to: [(1)] (A) Buying the best service at the best price, 306
385	385		[(2)] (B) properly selecting contractors, and [(3)] (C) drafting contracts 307
386	386		that achieve state goals of accountability, transparency and results 308
387	387		based outcomes and to protect taxpayers' interest; 309
388	388		[(g)] (7) Train and oversee the agency procurement officer of each 310
389	389		state contracting agency and any contracting officers thereunder; 311
390	390		[(h)] (8) Review and certify, on or after January 1, 2009, that a state 312
391	391		contracting agency's procurement processes are in compliance with 313
392	392		statutes and regulations concerning procurement by: 314 Substitute Bill No. 1223
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399	399		[(1)] (A) Establishing procurement and project management 315
400	400		education and training criteria and certification procedures for agency 316
401	401		procurement officers and contracting officers. All agency procurement 317
402	402		officers and contracting officers designated under this [provision] 318
403	403		subparagraph shall be required to maintain the certification in good 319
404	404		standing at all times while performing procurement functions; 320
405	405		[(2)] (B) Approving an ethics training course, in consultation with the 321
406	406		Office of State Ethics, including, but not limited to, state employees and 322
407	407		quasi-public agency employees involved in procurement and for state 323
408	408		contractors and substantial subcontractors who are prequalified 324
409	409		pursuant to chapter 58a. Such ethics training course may be developed 325
410	410		and provided by the Office of State Ethics or by any person, firm or 326
411	411		corporation provided such course is approved by the State Contracting 327
412	412		Standards Board; 328
413	413		[(i)] (9) Recertify each state contracting agency's procurement 329
414	414		processes, triennially, and provide agencies with notice of any 330
415	415		certification deficiency and exercise those powers authorized by section 331
416	416		4e-34, as amended by this act, 4e-39 or 4e-40, as amended by this act, as 332
417	417		applicable, if a determination of noncompliance is made; 333
418	418		[(j)] (10) Define the contract data reporting requirements to the board 334
419	419		for state contracting agencies concerning information on: [(1)] (A) The 335
420	420		number and type of [state] contracts of each state contracting agency 336
421	421		currently in effect state-wide; [(2)] (B) the term and dollar value of such 337
422	422		contracts; [(3)] (C) a list of client agencies; [(4)] (D) a description of 338
423	423		services purchased under such contracts; [(5)] (E) contractor names; [(6)] 339
424	424		(F) an evaluation of contractor performance, including, but not limited 340
425	425		to records pertaining to the suspension or disqualification of 341
426	426		contractors, and assuring such information is available on the State 342
427	427		Contracting Portal; and [(7)] (G) a list of contracts and contractors 343
428	428		awarded without full and open competition stating the reasons [for] 344
429	429		therefor and identifying the approving authority; and 345
430	430		[(k)] (11) Provide the Governor and the joint standing committee of 346 Substitute Bill No. 1223
431	431
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436	436
437	437		the General Assembly having cognizance of matters relating to 347
438	438		government administration with recommendations concerning the 348
439	439		statutes and regulations concerning procurement. 349
440	440		Sec. 6. Subsections (a) to (c), inclusive, of section 4e-5 of the general 350
441	441		statutes are repealed and the following is substituted in lieu thereof 351
442	442		(Effective July 1, 2023): 352
443	443		(a) (1) The head of each state contracting agency shall appoint an 353
444	444		agency procurement officer. Such officer shall serve as the liaison 354
445	445		between the agency and the Chief Procurement Officer on all matters 355
446	446		relating to the agency's procurement activity, including, but not limited 356
447	447		to, implementation and compliance with the provisions of statutes and 357
448	448		regulations concerning procurement and any policies or regulations 358
449	449		adopted by the board, coordination of the training and education of 359
450	450		agency procurement employees and any person serving on the 360
451	451		Contracting Standards Advisory Council; 361
452	452		(2) The agency procurement officer shall be responsible for (A) 362
453	453		ensuring that any invitation to bid, request for proposals or any other 363
454	454		solicitation for goods and services issued on or after July 1, 2023, 364
455	455		contains a notice of the rights of prospective bidders, proposers or 365
456	456		prospective contractors under sections 4e-36, 4e-39 and 4e-40, as 366
457	457		amended by this act, (B) assuring that contractors are properly screened 367
458	458		prior to the award of a contract, (C) ensuring contractors are advised of 368
459	459		their rights under sections 4e-36, 4e-39 and 4e-40, as amended by this 369
460	460		act, prior to entering into a contract on or after July 1, 2023, (D) ensuring 370
461	461		that, upon the award of such a contract, unsuccessful bidders, proposers 371
462	462		or respondents are advised of their rights under sections 4e-36, 4e-39 372
463	463		and 4e-40, as amended by this act, (E) evaluating contractor 373
464	464		performance during and at the conclusion of a contract, (F) submitting 374
465	465		written evaluations to a central data repository to be designated by the 375
466	466		board, and (G) creating a project management plan for the agency with 376
467	467		annual reports to the board pertaining to procurement projects within 377
468	468		the agency. 378 Substitute Bill No. 1223
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474	474
475	475		(b) The State Contracting Standards Board, with the advice and 379
476	476		assistance of the Commissioner of Administrative Services, shall 380
477	477		develop a standardized state procurement and project management 381
478	478		education and training program. Such education and training program 382
479	479		shall develop education, training and professional development 383
480	480		opportunities for employees of state contracting agencies charged with 384
481	481		procurement responsibilities. The education and training program shall 385
482	482		educate such employees in general business acumen and on proper 386
483	483		purchasing procedures as established in statutes and regulations 387
484	484		concerning procurement with an emphasis on ethics, fairness, 388
485	485		consistency and project management. Participation in the education and 389
486	486		training program shall be required of any supervisory and 390
487	487		nonsupervisory [state] employees in state contracting agencies with 391
488	488		responsibility for buying, purchasing, renting, leasing or otherwise 392
489	489		acquiring any supplies, service or construction, including the 393
490	490		preparation of the description of requirements, selection and solicitation 394
491	491		of sources, preparation and award of contracts and all phases of contract 395
492	492		administration. 396
493	493		(c) The state procurement and project management education and 397
494	494		training program shall include, but shall not be limited to (1) training 398
495	495		and education concerning federal, state and municipal procurement 399
496	496		processes, including the statutes and regulations concerning 400
497	497		procurement; (2) training and education courses developed in 401
498	498		cooperation with the Office of State Ethics, the Freedom of Information 402
499	499		Commission, the State Elections Enforcement Commission, the 403
500	500		Commission on Human Rights and Opportunities, the office of the 404
501	501		Attorney General and any other state agency the board determines is 405
502	502		necessary in carrying out statutes and regulations concerning 406
503	503		procurement; (3) providing technical assistance to state contracting 407
504	504		agencies and municipalities for implementing statutes and regulations 408
505	505		concerning procurement, regulations, policies and standards developed 409
506	506		by the board; (4) training to current and prospective contractors and 410
507	507		vendors and others seeking to do business with [the] state contracting 411
508	508		agencies; and (5) training and education of state employees and quasi-412 Substitute Bill No. 1223
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514	514
515	515		public agency employees in the area of best procurement practices in 413
516	516		[state] purchasing with the goal of achieving the level of acumen 414
517	517		necessary to achieve the objectives of statutes and regulations 415
518	518		concerning procurement. 416
519	519		Sec. 7. Subsection (a) of section 4e-7 of the general statutes is repealed 417
520	520		and the following is substituted in lieu thereof (Effective July 1, 2023): 418
521	521		(a) For cause, the State Contracting Standards Board may review, 419
522	522		terminate or recommend to a state contracting agency the termination 420
523	523		of any contract or procurement agreement undertaken by any state 421
524	524		contracting agency after providing fifteen days' notice to the state 422
525	525		contracting agency and the applicable contractor, and consulting with 423
526	526		the Attorney General. Such termination of a contract or procurement 424
527	527		agreement by the board may occur only after (1) the board has consulted 425
528	528		with the state contracting agency to determine the impact of an 426
529	529		immediate termination of the contract, (2) a determination has been 427
530	530		made jointly by the board and the state contracting agency that an 428
531	531		immediate termination of the contract will not create imminent peril to 429
532	532		the public health, safety or welfare, (3) a vote of two-thirds of the 430
533	533		members of the board present and voting for that purpose, and (4) the 431
534	534		board has provided the state contracting agency and the contractor with 432
535	535		opportunity for a hearing conducted pursuant to the provisions of 433
536	536		chapter 54. Such action shall be accompanied by notice to the state 434
537	537		contracting agency and any other affected party. For the purpose of this 435
538	538		section, "for cause" means: (A) A violation of section 1-84 or 1-86e, as 436
539	539		determined by the Citizen's Ethics Advisory Board; (B) wanton or 437
540	540		reckless disregard of any state or quasi-public agency contracting and 438
541	541		procurement process by any person substantially involved in such 439
542	542		contract or state contracting agency; or (C) notification from the 440
543	543		Attorney General to the state contracting agency that an investigation 441
544	544		pursuant to section 4-61dd has concluded that the process by which 442
545	545		such contract was awarded was compromised by fraud, collusion or any 443
546	546		other criminal violation. Nothing in this section shall be construed to 444
547	547		limit the authority of the board as described in section 4e-6. 445 Substitute Bill No. 1223
548	548
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553	553
554	554		Sec. 8. Section 4e-8 of the general statutes is repealed and the 446
555	555		following is substituted in lieu thereof (Effective July 1, 2023): 447
556	556		There is established a Contracting Standards Advisory Council, 448
557	557		which shall consist of representatives from the Office of Policy and 449
558	558		Management, Departments of Administrativ e Services and 450
559	559		Transportation, [and] representatives of at least three additional state 451
560	560		contracting agencies, including at least one human services related state 452
561	561		agency, to be designated by the Governor, and at least four additional 453
562	562		state contracting agencies that are quasi-public agencies, two to be 454
563	563		appointed by the speaker of the House of Representatives and two to be 455
564	564		appointed by the president pro tempore of the Senate. The Chief 456
565	565		Procurement Officer shall be a member of the council and serve as 457
566	566		chairperson. The advisory council shall meet at least four times per year 458
567	567		to discuss [state] procurement issues and to make recommendations for 459
568	568		improvement of the procurement processes to the State Contracting 460
569	569		Standards Board. The advisory council may conduct studies, research 461
570	570		and analyses and make reports and recommendations with respect to 462
571	571		subjects or matters within the jurisdiction of the State Contracting 463
572	572		Standards Board. 464
573	573		Sec. 9. Subsection (a) of section 4e-10 of the general statutes is 465
574	574		repealed and the following is substituted in lieu thereof (Effective July 1, 466
575	575		2023): 467
576	576		(a) On or before July 1, 2010, the board shall submit to the Governor 468
577	577		and the General Assembly such legislation as is necessary to permit state 469
578	578		contracting agencies, not including [quasi-publics] quasi-public 470
579	579		agencies, institutions of higher education, and municipal procurement 471
580	580		processes utilizing state funds, to carry out their functions under 472
581	581		statutes and regulations concerning procurement. 473
582	582		Sec. 10. Section 4e-14 of the general statutes is repealed and the 474
583	583		following is substituted in lieu thereof (Effective July 1, 2023): 475
584	584		On and after June 1, 2010, all [state] contracts of each state contracting 476 Substitute Bill No. 1223
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590	590
591	591		agency that is not a quasi-public agency that take effect on or after June 477
592	592		1, 2010, shall contain provisions to ensure accountability, transparency 478
593	593		and [results based] results-based outcomes, as prescribed by the State 479
594	594		Contracting Standards Board. On and after June 1, 2010, all state 480
595	595		contracts of the legislative branch and the judicial branch that take effect 481
596	596		on or after June 1, 2010, shall contain provisions to ensure 482
597	597		accountability, transparency and [results based] results-based 483
598	598		outcomes. On and after July 1, 2023, all contracts of each state 484
599	599		contracting agency that is a quasi-public agency that take effect on or 485
600	600		after July 1, 2023, shall contain provisions to ensure accountability, 486
601	601		transparency and results-based outcomes. 487
602	602		Sec. 11. Subsections (c) and (d) of section 4e-16 of the general statutes 488
603	603		are repealed and the following is substituted in lieu thereof (Effective July 489
604	604		1, 2023): 490
605	605		(c) (1) If such cost-benefit analysis identifies a cost savings to the state 491
606	606		contracting agency of ten per cent or more, and such privatization 492
607	607		contract will not diminish the quality of such service, the state 493
608	608		contracting agency shall develop a business case, in accordance with the 494
609	609		provisions of subsection (d) of this section, in order to evaluate the 495
610	610		feasibility of entering into any such contract and to identify the potential 496
611	611		results, effectiveness and efficiency of such contract. 497
612	612		(2) If such cost-benefit analysis identifies a cost savings of less than 498
613	613		ten per cent to the state contracting agency and such privatization 499
614	614		contract will not diminish the quality of such service, the state 500
615	615		contracting agency may develop a business case, in accordance with the 501
616	616		provisions of subsection (d) of this section, in order to evaluate the 502
617	617		feasibility of entering into any such contract and to identify the potential 503
618	618		results, effectiveness and efficiency of such contract, provided there is a 504
619	619		significant public policy reason to enter into such privatization contract. 505
620	620		Any such business case shall be approved in accordance with the 506
621	621		provisions of subdivision (4) of subsection (h) of this section. 507
622	622		(3) If any such proposed privatization contract would result in the 508 Substitute Bill No. 1223
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628	628
629	629		layoff, transfer or reassignment of one hundred or more state 509
630	630		contracting agency employees, after consulting with the potentially 510
631	631		affected bargaining units, if any, the state contracting agency shall notify 511
632	632		the state employees or quasi-public agency employees of such 512
633	633		bargaining unit, as applicable, after such cost-benefit analysis is 513
634	634		completed. Such state contracting agency shall provide an opportunity 514
635	635		for [said] such employees to reduce the costs of conducting the 515
636	636		operations to be privatized and provide reasonable resources for the 516
637	637		purpose of encouraging and assisting such [state] employees to organize 517
638	638		and submit a bid to provide the services that are the subject of the 518
639	639		potential privatization contract. The state contracting agency shall retain 519
640	640		sole discretion in determining whether to proceed with the privatization 520
641	641		contract, provided the business case for such contract is approved by the 521
642	642		board. 522
643	643		(d) Any business case developed by a state contracting agency for the 523
644	644		purpose of complying with subsection (c) of this section shall include: 524
645	645		(1) The cost-benefit analysis as described in subsection (b) of this section, 525
646	646		(2) a detailed description of the service or activity that is the subject of 526
647	647		such business case, (3) a description and analysis of the state contracting 527
648	648		agency's current performance of such service or activity, (4) the goals to 528
649	649		be achieved through the proposed privatization contract and the 529
650	650		rationale for such goals, (5) a description of available options for 530
651	651		achieving such goals, (6) an analysis of the advantages and 531
652	652		disadvantages of each option, including, at a minimum, potential 532
653	653		performance improvements and risks attendant to termination of the 533
654	654		contract or rescission of such contract, (7) an analysis of the potential 534
655	655		impact of the proposed privatization contract on workers of color and 535
656	656		workers who are women, including whether such privatization contract 536
657	657		will lessen or increase historical patterns that produce inequities 537
658	658		between such workers and other workers, (8) a description of the 538
659	659		current market for the services or activities that are the subject of such 539
660	660		business case, [(8)] (9) an analysis of the quality of services as gauged by 540
661	661		standardized measures and key performance requirements including 541
662	662		compensation, turnover, and staffing ratios, [(9)] (10) a description of 542 Substitute Bill No. 1223
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668	668
669	669		the specific results-based performance standards that shall, at a 543
670	670		minimum be met, to ensure adequate performance by any party 544
671	671		performing such service or activity, [(10)] (11) the projected time frame 545
672	672		for key events from the beginning of the procurement process through 546
673	673		the expiration of a contract, if applicable, [(11)] (12) a specific and 547
674	674		feasible contingency plan that addresses contractor nonperformance 548
675	675		and a description of the tasks involved in and costs required for 549
676	676		implementation of such plan, and [(12)] (13) a transition plan, if 550
677	677		appropriate, for addressing changes in the number of agency personnel, 551
678	678		affected business processes, employee transition issues, and 552
679	679		communications with affected stakeholders, such as agency clients and 553
680	680		members of the public, if applicable. Such transition plan shall contain 554
681	681		a reemployment and retraining assistance plan for employees who are 555
682	682		not retained by the state or a quasi-public agency or employed by the 556
683	683		contractor. If the primary purpose of the proposed privatization 557
684	684		contract is to provide a core governmental function, such business case 558
685	685		shall also include information sufficient to rebut the presumption that 559
686	686		such core governmental function should not be privatized. Such 560
687	687		presumption shall not be construed to prohibit a state contracting 561
688	688		agency from contracting for specialized technical expertise not available 562
689	689		within such agency, provided such agency shall retain responsibility for 563
690	690		such core governmental function. For the purposes of this section, "core 564
691	691		governmental function" means a function for which the primary 565
692	692		purpose is (A) the inspection for adherence to health and safety 566
693	693		standards because public health or safety may be jeopardized if such 567
694	694		inspection is not done or is not done in a timely or proper manner, (B) 568
695	695		the establishment of statutory, regulatory or contractual standards to 569
696	696		which a regulated person, entity or state contractor shall be held, (C) the 570
697	697		enforcement of statutory, regulatory or contractual requirements 571
698	698		governing public health or safety, [or] (D) criminal or civil law 572
699	699		enforcement, or (E) the provision of essential human services to 573
700	700		residents of the state who would otherwise lack the support necessary 574
701	701		to assure basic human needs. If any part of such business case is based 575
702	702		upon evidence that the state contracting agency is not sufficiently 576
703	703		staffed to provide the core governmental function required by the 577 Substitute Bill No. 1223
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709	709
710	710		privatization contract, the state contracting agency shall also include 578
711	711		within such business case a plan for remediation of the understaffing to 579
712	712		allow such services to be provided directly by the state contracting 580
713	713		agency in the future. 581
714	714		Sec. 12. Subdivisions (2) to (4), inclusive, of subsection (l) of section 582
715	715		4e-16 of the general statutes are repealed and the following is 583
716	716		substituted in lieu thereof (Effective July 1, 2023): 584
717	717		(2) If such cost-benefit analysis identifies a ten per cent or more cost 585
718	718		savings to the state contracting agency from the use of such 586
719	719		privatization contract and such contract does not diminish the quality 587
720	720		of the service provided, such state contracting agency shall develop a 588
721	721		business case for the renewal of such privatization contract in 589
722	722		accordance with the provisions of subsections (d) and (e) of this section. 590
723	723		The board shall review such contract in accordance with the provisions 591
724	724		of subsections (f) to (h), inclusive, of this section and may approve such 592
725	725		renewal by the applicable vote of the board, provided any such renewal 593
726	726		that is estimated to cost in excess of one hundred fifty million dollars 594
727	727		annually or six hundred million dollars or more over the life of the 595
728	728		contract shall also be approved by the General Assembly prior to the 596
729	729		state contracting agency renewing such contract. If such renewal is 597
730	730		approved by the board and the General Assembly, if applicable, the 598
731	731		provisions of subsection (j) of this section shall apply to any proposed 599
732	732		amendment to such contract. 600
733	733		(3) If such cost-benefit analysis identifies a cost savings to the state 601
734	734		contracting agency of less than ten per cent, such state contracting 602
735	735		agency shall prepare a plan to have such service provided by state 603
736	736		employees [and] or, in the case of a state contracting agency that is a 604
737	737		quasi-public agency, the employees of such quasi-public agency, shall 605
738	738		begin to implement such plan, provided: (A) While such plan is 606
739	739		prepared, but prior to implementation of such plan, such state 607
740	740		contracting agency may develop a business case for such privatization 608
741	741		contract, in accordance with the provisions of subsection (d) of this 609
742	742		section, that achieves a cost savings to the state of ten per cent or more. 610 Substitute Bill No. 1223
743	743
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748	748
749	749		Any such business case shall be reviewed by the board in accordance 611
750	750		with the provisions of subsections (f) to (h), inclusive, of this section, and 612
751	751		may be approved by the applicable vote of the board; (B) such 613
752	752		privatization contract shall not be renewed with the vendor currently 614
753	753		providing such service unless: (i) There exists a significant public 615
754	754		interest in renewing such contract, and (ii) such renewal is approved by 616
755	755		a two-thirds vote of the board; (C) the state contracting agency may 617
756	756		enter into a contract with a term of one year or less for the provision of 618
757	757		such service until such state contracting agency implements such plan; 619
758	758		and (D) the procedure for the transfer of funds from the General Fund, 620
759	759		as described in section 4-94, may be utilized to allocate necessary 621
760	760		resources for the implementation of the provisions of this subdivision. 622
761	761		(4) Notwithstanding the provisions of subdivision (3) of this 623
762	762		subsection, the renewal of a privatization contract with a nonprofit 624
763	763		organization shall not be denied if the cost of increasing compensation 625
764	764		to employees performing the privatized service is the sole cause for such 626
765	765		contract not achieving a cost savings to the state contracting agency of 627
766	766		ten per cent or more. 628
767	767		Sec. 13. Subsection (n) of section 4e-16 of the general statutes is 629
768	768		repealed and the following is substituted in lieu thereof (Effective July 1, 630
769	769		2023): 631
770	770		(n) The State Contracting Standards Board, in consultation with the 632
771	771		Department of Administrative Services, shall: (1) Recommend and 633
772	772		implement standards and procedures for state contracting agencies to 634
773	773		develop business cases in connection with privatization contracts, 635
774	774		including templates for use by state contracting agencies when 636
775	775		submitting business cases to the board, and policies and procedures to 637
776	776		guide state contracting agencies to complete such business cases, and (2) 638
777	777		develop guidelines and procedures for assisting state employees or 639
778	778		quasi-public agency employees whose jobs are affected by a 640
779	779		privatization contract. 641
780	780		Sec. 14. Subsection (p) of section 4e-16 of the general statutes is 642 Substitute Bill No. 1223
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786	786
787	787		repealed and the following is substituted in lieu thereof (Effective July 1, 643
788	788		2023): 644
789	789		(p) Prior to entering into or renewing any privatization contract that 645
790	790		is not subject to the provisions of subsection (a) of this section, the state 646
791	791		contracting agency shall evaluate such contract to determine if entering 647
792	792		into or renewing such contract is the most cost-effective method of 648
793	793		delivering the service, by determining the costs, as defined in subsection 649
794	794		(b) of this section, of such service. The state contracting agency shall 650
795	795		perform such evaluation in accordance with a template prescribed by 651
796	796		the Secretary of the Office of Policy and Management, in consultation 652
797	797		with the board, pursuant to subsection (m) of this section, and such 653
798	798		evaluation shall be subject to verification by the [secretary] board. The 654
799	799		[secretary] board may waive the requirement for an evaluation of cost-655
800	800		effectiveness under this subsection upon a finding by the [secretary] 656
801	801		board that exigent or emergent circumstances necessitate such waiver. 657
802	802		Sec. 15. Section 4e-17 of the general statutes is repealed and the 658
803	803		following is substituted in lieu thereof (Effective July 1, 2023): 659
804	804		(a) Except as otherwise provided, the provisions of sections 4e-16 to 660
805	805		4e-47, inclusive, as amended by this act, shall apply to all contracts 661
806	806		solicited or entered into by [state contracting agencies] a state 662
807	807		contracting agency that is a state agency after June 1, 2010, and all 663
808	808		contracts solicited or entered into by a state contracting agency that is a 664
809	809		quasi-public agency on or after July 1, 2023. 665
810	810		(b) Except as otherwise provided, the provisions of sections 4e-16 to 666
811	811		4e-47, inclusive, as amended by this act, shall apply to every 667
812	812		expenditure of public funds by any state contracting agency, 668
813	813		irrespective of their source, involving any state or quasi-public agency 669
814	814		contracting and procurement processes, including, but not limited to, 670
815	815		leasing and property transfers, purchasing or leasing of supplies, 671
816	816		materials or equipment, consultant or consultant services, personal 672
817	817		service agreements, purchase of service agreements or privatization 673
818	818		contracts, as defined in section 4e-1, as amended by this act, and, 674 Substitute Bill No. 1223
819	819
820	820
821	821		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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823	823		23 of 47
824	824
825	825		relating to contracts for the construction, reconstruction, alteration, 675
826	826		remodeling, repair or demolition of any public building, bridge or road. 676
827	827		(c) Nothing in sections 4e-16 to 4e-47, inclusive, as amended by this 677
828	828		act, shall be construed to require the application of procurement statutes 678
829	829		or regulations to a procurement that involves the expenditure of federal 679
830	830		assistance or federal contract funds if federal law provides procurement 680
831	831		procedures applicable to the expenditure of such funds, to the extent 681
832	832		such federal procedures are inconsistent with state procurement 682
833	833		statutes or regulations. 683
834	834		Sec. 16. Section 4e-18 of the general statutes is repealed and the 684
835	835		following is substituted in lieu thereof (Effective July 1, 2023): 685
836	836		For the purpose of obtaining supplies, materials, equipment or 686
837	837		contractual services, except infrastructure facilities, the Commissioner 687
838	838		of Administrative Services shall establish a requisition system to be used 688
839	839		by state contracting agencies that are not quasi-public agencies to 689
840	840		initiate and authorize the procurement process. Such system shall be 690
841	841		approved by the State Contracting Standards Board. 691
842	842		Sec. 17. Subsection (c) of section 4e-21 of the general statutes is 692
843	843		repealed and the following is substituted in lieu thereof (Effective July 1, 693
844	844		2023): 694
845	845		(c) The State Contracting Standards Board, in consultation with the 695
846	846		Commissioner of Administrative Services, may waive the requirement 696
847	847		of competitive bidding or competitive negotiation in the case of minor, 697
848	848		nonrecurring or emergency purchases of ten thousand dollars or less in 698
849	849		amount, upon application of the state contracting agency. Any state 699
850	850		contracting agency that obtains such a waiver for such an emergency 700
851	851		purchase shall post notice of such emergency purchase on the Internet 701
852	852		web site of the state contracting agency prior to making such emergency 702
853	853		purchase. 703
854	854		Sec. 18. Section 4e-24 of the general statutes is repealed and the 704
855	855		following is substituted in lieu thereof (Effective July 1, 2023): 705 Substitute Bill No. 1223
856	856
857	857
858	858		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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860	860		24 of 47
861	861
862	862		(a) [Not later than June 1, 2010, the State Contracting Standards 706
863	863		Board, in consultation with the Commissioner of Administrative 707
864	864		Services and any other appropriate award authority, shall adopt 708
865	865		regulations, in accordance with the provisions of chapter 54, permitting] 709
866	866		If an emergency [procurements when there exists] procurement is 710
867	867		deemed necessary by a state contracting agency due to a threat to public 711
868	868		health, welfare or safety, the state contracting agency shall give notice 712
869	869		to the board of the need for such emergency procurement. Such 713
870	870		emergency procurements shall be made with competition, as is 714
871	871		practicable under the circumstances. [Said regulations shall require that] 715
872	872		The state contracting agency shall (1) include a written determination of 716
873	873		the basis for the emergency and for the selection of the particular 717
874	874		contractor [be included] in the contract file and [transmitted] transmit 718
875	875		such determination to the Governor, the president pro tempore of the 719
876	876		Senate, the majority and minority leaders of the Senate, the speaker of 720
877	877		the House of Representatives and the majority and minority leaders of 721
878	878		the House of Representatives, and (2) post such determination on the 722
879	879		Internet web site of the state contracting agency. 723
880	880		(b) The State Contracting Standards Board may adopt regulations in 724
881	881		accordance with the provisions of chapter 54 to implement the 725
882	882		provisions of this section. 726
883	883		Sec. 19. Subsection (d) of section 4b-51 of the general statutes is 727
884	884		repealed and the following is substituted in lieu thereof (Effective July 1, 728
885	885		2023): 729
886	886		(d) (1) Notwithstanding any provision of the general statutes, the 730
887	887		Commissioner of Administrative Services may select consultants to be 731
888	888		on a list established for the purpose of providing any consultant 732
889	889		services. Such list shall be established as provided in sections 4b-56 and 733
890	890		4b-57, as amended by this act. [The] In the case of an emergency 734
891	891		procurement due to a threat to public health, welfare or safety, the 735
892	892		commissioner may enter into a contract with any consultant on such list 736
893	893		without inviting responses from such consultants to perform a range of 737
894	894		consultant services or to perform a range of tasks pursuant to a task 738 Substitute Bill No. 1223
895	895
896	896
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899	899		25 of 47
900	900
901	901		letter detailing services to be performed under such contract. 739
902	902		(2) Notwithstanding any provision of the general statutes, the 740
903	903		Commissioner of Administrative Services may (A) compile a list of 741
904	904		architects, professional engineers and construction administrators for 742
905	905		the limited purpose of providing consultant services for a particular 743
906	906		program involving various projects for the construction of new 744
907	907		buildings or renovations to existing buildings where such buildings are 745
908	908		under the operation and control of either the Military Department or the 746
909	909		Department of Energy and Environmental Protection, and (B) in the case 747
910	910		of an emergency procurement due to a threat to public health, welfare 748
911	911		or safety, enter into a contract with any architect, professional engineer 749
912	912		or construction administrator on such list for such limited purpose 750
913	913		without inviting responses from the persons on such list, except that the 751
914	914		Adjutant General may perf orm the functions described in 752
915	915		subparagraphs (A) and (B) of this subdivision for any such building 753
916	916		under the operation and control of the Military Department. 754
917	917		(3) As used in this subsection, "consultant" means "consultant" as 755
918	918		defined in section 4b-55, "consultant services" means "consultant 756
919	919		services" as defined in section 4b-55, and "program" means multiple 757
920	920		projects involving the planning, design, construction, repair, 758
921	921		improvement or expansion of specified buildings, facilities or site 759
922	922		improvements, wherein the work (A) will be of a repetitive nature, (B) 760
923	923		will share a common funding source that imposes particular 761
924	924		requirements, or (C) would be significantly facilitated if completed by 762
925	925		the same design professional or construction administrator. 763
926	926		Sec. 20. Subsection (a) of section 4b-57 of the general statutes is 764
927	927		repealed and the following is substituted in lieu thereof (Effective July 1, 765
928	928		2023): 766
929	929		(a) Whenever consultant services are required by the commissioner 767
930	930		in fulfilling the responsibilities under section 4b-1, and in the case of 768
931	931		each project, the commissioner shall invite responses from such firms by 769
932	932		posting notice on the State Contracting Portal, except that, in the case of 770 Substitute Bill No. 1223
933	933
934	934
935	935		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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937	937		26 of 47
938	938
939	939		an emergency procurement, the commissioner may receive consultant 771
940	940		services under a contract entered into pursuant to subsection (d) of 772
941	941		section 4b-51, as amended by this act. The commissioner shall prescribe, 773
942	942		by regulations adopted in accordance with chapter 54, the advance 774
943	943		notice required for, the manner of submission, and conditions and 775
944	944		requirements of, such responses. 776
945	945		Sec. 21. Subsection (g) of section 4b-91 of the general statutes is 777
946	946		repealed and the following is substituted in lieu thereof (Effective July 1, 778
947	947		2023): 779
948	948		(g) Notwithstanding the provisions of this chapter regarding 780
949	949		competitive bidding procedures, in the case of an emergency 781
950	950		procurement due to a threat to public health, welfare or safety, the 782
951	951		commissioner may select and interview at least three responsible and 783
952	952		qualified general contractors who are prequalified pursuant to section 784
953	953		4a-100 and submit the three selected contractors to the construction 785
954	954		services award panels process described in section 4b-100a and any 786
955	955		regulation adopted by the commissioner. The commissioner may 787
956	956		negotiate with the successful bidder a contract which is both fair and 788
957	957		reasonable to the state for a community court project, the downtown 789
958	958		Hartford higher education center project, a correctional facility project, 790
959	959		a juvenile residential center project, or a student residential facility for 791
960	960		the Connecticut State University System that is a priority higher 792
961	961		education facility project. The Commissioner of Administrative 793
962	962		Services, prior to entering any such contract or performing any work on 794
963	963		such project, shall submit such contract to the State Properties Review 795
964	964		Board for review and approval or disapproval by the board, pursuant 796
965	965		to subsection (i) of this section. Any general contractor awarded a 797
966	966		contract pursuant to this subsection shall be subject to the same 798
967	967		requirements concerning the furnishing of bonds as a contractor 799
968	968		awarded a contract pursuant to subsection (b) of this section. 800
969	969		Sec. 22. Section 4e-27 of the general statutes is repealed and the 801
970	970		following is substituted in lieu thereof (Effective July 1, 2023): 802 Substitute Bill No. 1223
971	971
972	972
973	973		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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975	975		27 of 47
976	976
977	977		Not later than June 1, 2010, the State Contracting Standards Board, in 803
978	978		consultation with the Attorney General, shall adopt regulations, in 804
979	979		accordance with the provisions of chapter 54, specifying the types of 805
980	980		contracts that may be used by state contracting agencies. Such 806
981	981		regulations shall specify that a cost-reimbursement contract may be 807
982	982		used only when a determination is made in writing by the agency 808
983	983		procurement officer that such contract is likely to be less costly to the 809
984	984		state contracting agency than any other type or that it is impracticable 810
985	985		to obtain the supplies, services or construction required except under 811
986	986		such a contract. 812
987	987		Sec. 23. Section 4e-31 of the general statutes is repealed and the 813
988	988		following is substituted in lieu thereof (Effective July 1, 2023): 814
989	989		When, for any reason, collusion or other anticompetitive practices are 815
990	990		suspected among any bidders or proposers for a [state] contract of a 816
991	991		state contracting agency, a notice of the relevant facts shall be 817
992	992		transmitted to the Attorney General by any affected party, including, 818
993	993		but not limited to, the state contracting agency, a bidder or a proposer. 819
994	994		Sec. 24. Section 4e-34 of the general statutes is repealed and the 820
995	995		following is substituted in lieu thereof (Effective July 1, 2023): 821
996	996		(a) After reasonable notice and hearing and consultation with the 822
997	997		relevant state contracting agency and the Attorney General, the State 823
998	998		Contracting Standards Board, acting through a subcommittee of three 824
999	999		members, appointed by the chairperson, which subcommittee shall 825
1000	1000		include not less than one legislative appointee, may disqualify any 826
1001	1001		contractor, bidder or proposer, for a period of not more than five years, 827
1002	1002		from bidding on, applying for or participating as a contractor or 828
1003	1003		subcontractor under, contracts with the state or quasi-public agencies. 829
1004	1004		Such disqualification shall be upon the vote of two-thirds of the 830
1005	1005		members of the subcommittee present and voting for that purpose. Such 831
1006	1006		hearing shall be conducted in accordance with the provisions of chapter 832
1007	1007		54. The subcommittee shall issue a written recommendation not later 833
1008	1008		than sixty days after the conclusion of such hearing, and shall state the 834 Substitute Bill No. 1223
1009	1009
1010	1010
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1013	1013		28 of 47
1014	1014
1015	1015		reason for the recommended action and, if the disqualification is 835
1016	1016		recommended, the period of time the contractor, bidder or proposer 836
1017	1017		shall be disqualified. In determining whether to disqualify a contractor, 837
1018	1018		bidder or proposer, the subcommittee shall consider the seriousness of 838
1019	1019		the acts or omissions of the contractor, bidder or proposer and any 839
1020	1020		mitigating factors. Such recommendation shall be submitted to the 840
1021	1021		board for action and sent to the contractor by certified mail, return 841
1022	1022		receipt requested. If disqualification is recommended, the contractor 842
1023	1023		shall have thirty days to submit comments to the board. Upon receipt of 843
1024	1024		the proposed recommendation by the subcommittee, the board shall 844
1025	1025		issue a written decision either adopting, rejecting or modifying the 845
1026	1026		subcommittee's recommendation. Such decision shall be issued not later 846
1027	1027		than thirty days after receipt by the board of the contractor's comments, 847
1028	1028		if any. The board shall send the decision to the contractor by certified 848
1029	1029		mail, return receipt requested. The written decision shall be a final 849
1030	1030		decision for purposes of sections 4-180 and 4-183. 850
1031	1031		(b) Causes for such disqualification shall include the following: 851
1032	1032		(1) Conviction of, or entry of a plea of guilty or nolo contendere or 852
1033	1033		admission to, the commission of a criminal offense as an incident to 853
1034	1034		obtaining or attempting to obtain a public or private contract or 854
1035	1035		subcontract, or in the performance of such contract or subcontract; 855
1036	1036		(2) Conviction of, or entry of a plea of guilty or nolo contendere or 856
1037	1037		admission to, the violation of any state or federal law for embezzlement, 857
1038	1038		theft, forgery, bribery, falsification or destruction of records, receiving 858
1039	1039		stolen property or any other offense indicating a lack of business 859
1040	1040		integrity or business honesty which affects responsibility as a [state] 860
1041	1041		contractor; 861
1042	1042		(3) Conviction of, or entry of a plea of guilty or nolo contendere or 862
1043	1043		admission to, a violation of any state or federal antitrust, collusion or 863
1044	1044		conspiracy law arising out of the submission of bids or proposals on a 864
1045	1045		public or private contract or subcontract; 865 Substitute Bill No. 1223
1046	1046
1047	1047
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1050	1050		29 of 47
1051	1051
1052	1052		(4) Accumulation of two or more suspensions pursuant to section 4e-866
1053	1053		35, as amended by this act, within a twenty-four-month period; 867
1054	1054		(5) A wilful, negligent or reckless failure to perform in accordance 868
1055	1055		with the terms of one or more contracts or subcontracts, agreements or 869
1056	1056		transactions with state contracting agencies; 870
1057	1057		(6) A history of failure to perform or of unsatisfactory performance 871
1058	1058		on one or more public contracts, agreements or transactions with state 872
1059	1059		contracting agencies; 873
1060	1060		(7) A wilful violation of a statutory or regulatory provision or 874
1061	1061		requirement applicable to a contract, agreement or transaction with 875
1062	1062		state contracting agencies; 876
1063	1063		(8) A wilful or egregious violation of the ethical standards set forth in 877
1064	1064		sections 1-84, 1-86e and 1-101nn, as determined by the Citizen's Ethics 878
1065	1065		Advisory Board; or 879
1066	1066		(9) Any other cause or conduct the board determines to be so serious 880
1067	1067		and compelling as to affect responsibility as a [state] contractor, 881
1068	1068		including, but not limited to: 882
1069	1069		(A) Disqualification by another state for cause; 883
1070	1070		(B) The fraudulent or criminal conduct of any officer, director, 884
1071	1071		shareholder, partner, employee or other individual associated with a 885
1072	1072		contractor, bidder or proposer of such contractor, bidder or proposer, 886
1073	1073		provided such conduct occurred in connection with the individual's 887
1074	1074		performance of duties for or on behalf of such contractor, bidder or 888
1075	1075		proposer and such contractor, bidder or proposer knew or had reason 889
1076	1076		to know of such conduct; 890
1077	1077		(C) The existence of an informal or formal business relationship with 891
1078	1078		a contractor who has been disqualified from bidding or proposing on 892
1079	1079		[state] contracts of any state contracting agency. 893 Substitute Bill No. 1223
1080	1080
1081	1081
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1084	1084		30 of 47
1085	1085
1086	1086		(c) Upon written request by the affected [state] contractor, bidder or 894
1087	1087		proposer, the State Contracting Standards Board may reduce the period 895
1088	1088		or extent of disqualification for a contractor, bidder or proposer if 896
1089	1089		documentation supporting any of the following reasons for 897
1090	1090		modification is provided to the board by the contractor, bidder or 898
1091	1091		proposer: 899
1092	1092		(1) Newly discovered material evidence; 900
1093	1093		(2) Reversal of the conviction upon which the disqualification was 901
1094	1094		based; 902
1095	1095		(3) Bona fide change in ownership or management; or 903
1096	1096		(4) Elimination of other causes for which the disqualification was 904
1097	1097		imposed. 905
1098	1098		Sec. 25. Section 4e-35 of the general statutes is repealed and the 906
1099	1099		following is substituted in lieu thereof (Effective July 1, 2023): 907
1100	1100		(a) For purposes of this section and sections 4e-37 and 4e-38, as 908
1101	1101		amended by this act, "contracting agency of the state" does not include 909
1102	1102		a quasi-public agency. After reasonable notice and a hearing, conducted 910
1103	1103		in accordance with the provisions of chapter 54, the department head of 911
1104	1104		any [state] contracting agency of the state may suspend any contractor, 912
1105	1105		bidder or proposer for a period of not more than six months from 913
1106	1106		bidding on, applying for or performing work as a contractor or 914
1107	1107		subcontractor under, contracts with the state. The department head 915
1108	1108		shall issue a written decision not later than ninety days after the 916
1109	1109		conclusion of such hearing and state in the decision the reasons for the 917
1110	1110		action taken and, if the contractor, bidder or proposer is being 918
1111	1111		suspended, the period of such suspension. In determining whether to 919
1112	1112		suspend a contractor, bidder or proposer, the department head shall 920
1113	1113		consider the seriousness of the acts or omissions of the contractor, 921
1114	1114		bidder or proposer and any mitigating factors. The department head 922
1115	1115		shall send such decision to the contractor and the State Contracting 923
1116	1116		Standards Board by certified mail, return receipt requested. Such 924 Substitute Bill No. 1223
1117	1117
1118	1118
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1121	1121		31 of 47
1122	1122
1123	1123		decision shall be a final decision for purposes of sections 4-180 and 4-925
1124	1124		183. 926
1125	1125		(b) Causes for such suspension shall include the following: 927
1126	1126		(1) Failure without good cause to perform in accordance with 928
1127	1127		specifications or within the time limits provided in the contract; 929
1128	1128		(2) A record of failure to perform or of unsatisfactory performance in 930
1129	1129		accordance with the terms of one or more contracts, provided failure to 931
1130	1130		perform or unsatisfactory performance caused by acts beyond the 932
1131	1131		control of the contractor shall not be considered to be a basis for 933
1132	1132		suspension; 934
1133	1133		(3) Any cause the complainant [state] contracting agency of the state 935
1134	1134		determines to be so serious and compelling as to affect the responsibility 936
1135	1135		of a state contractor, including suspension by another [state] contracting 937
1136	1136		agency of the state for cause; or 938
1137	1137		(4) A violation of the ethical standards set forth in section 1-84, 1-86e 939
1138	1138		or 1-101nn, as determined by the Citizen's Ethics Advisory Board. 940
1139	1139		(c) The State Contracting Standards Board may grant an exception 941
1140	1140		permitting a suspended contractor to participate in a particular contract 942
1141	1141		or subcontract upon a written determination by the board that there is 943
1142	1142		good cause for such exception and that such exception is in the best 944
1143	1143		interest of the state. 945
1144	1144		(d) The department head of each [state] contracting agency of the 946
1145	1145		state shall conduct reviews of contractors and shall file reports 947
1146	1146		pertaining to any of the reasons set forth in this section that may be the 948
1147	1147		basis for disqualification. 949
1148	1148		Sec. 26. Subsections (g) to (i), inclusive, of section 4e-37 of the general 950
1149	1149		statutes are repealed and the following is substituted in lieu thereof 951
1150	1150		(Effective July 1, 2023): 952 Substitute Bill No. 1223
1151	1151
1152	1152
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1155	1155		32 of 47
1156	1156
1157	1157		(g) In the event that the appeals review subcommittee or the board 953
1158	1158		determines that a procedural violation occurred, or that allegations of 954
1159	1159		an unauthorized or unwarranted, noncompetitive selection process 955
1160	1160		have been substantiated, the board shall direct the [state] contracting 956
1161	1161		agency of the state to take corrective action not later than thirty days 957
1162	1162		after the date of the subcommittee's or board's decision, as applicable. 958
1163	1163		(h) In the event such appeal is found to be frivolous by the appeals 959
1164	1164		review subcommittee or the full board, such frivolous appeal may serve 960
1165	1165		as a basis for disqualification pursuant to section 4e-34, as amended by 961
1166	1166		this act. 962
1167	1167		(i) Any three members of the board may request a full board review 963
1168	1168		of any contract deliberation or award process of a [state] contracting 964
1169	1169		agency of the state. 965
1170	1170		Sec. 27. Section 4e-38 of the general statutes is repealed and the 966
1171	1171		following is substituted in lieu thereof (Effective July 1, 2023): 967
1172	1172		The State Contracting Standards Board shall issue a decision in 968
1173	1173		writing or take other appropriate action on each appeal submitted 969
1174	1174		pursuant to section 4e-37, as amended by this act. A copy of any decision 970
1175	1175		shall be provided to all parties, the department head of the [state] 971
1176	1176		contracting agency of the state and the Chief Procurement Officer. 972
1177	1177		Sec. 28. Subdivision (2) of section 4e-40 of the general statutes is 973
1178	1178		repealed and the following is substituted in lieu thereof (Effective July 1, 974
1179	1179		2023): 975
1180	1180		(2) If the person awarded the contract acted in bad faith: 976
1181	1181		(A) The contract may be declared null and void; or 977
1182	1182		(B) The contract may be ratified and affirmed if such action is in the 978
1183	1183		best interests of the state, as determined by the State Contracting 979
1184	1184		Standards Board, in writing, without prejudice to the [state's] state 980
1185	1185		contracting agency's right to such damages as may be appropriate. 981 Substitute Bill No. 1223
1186	1186
1187	1187
1188	1188		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1190	1190		33 of 47
1191	1191
1192	1192		Sec. 29. Section 4e-45 of the general statutes is repealed and the 982
1193	1193		following is substituted in lieu thereof (Effective July 1, 2023): 983
1194	1194		With respect to infrastructure facilities, not later than June 1, 2010, the 984
1195	1195		State Contracting Standards Board, in consultation with the state 985
1196	1196		contracting agencies and the Attorney General, shall adopt regulations, 986
1197	1197		in accordance with the provisions of chapter 54, requiring the inclusion 987
1198	1198		in [state] contracts with any state contracting agency of clauses 988
1199	1199		providing for adjustments in prices, time of performance, remedies, 989
1200	1200		termination or other contract provisions necessary to protect the 990
1201	1201		interests of the state. 991
1202	1202		Sec. 30. Section 4e-46 of the general statutes is repealed and the 992
1203	1203		following is substituted in lieu thereof (Effective July 1, 2023): 993
1204	1204		Not later than June 1, 2010, the State Contracting Standards Board 994
1205	1205		shall adopt regulations, in accordance with the provisions of chapter 54, 995
1206	1206		concerning the procedure and circumstances under which a state 996
1207	1207		contracting agency may allow contract modification, change order, or 997
1208	1208		contract price adjustment under a construction contract with [the state] 998
1209	1209		a state contracting agency in excess of fifty thousand dollars. Such 999
1210	1210		regulations shall require that every contract modification, change order 1000
1211	1211		or contract price adjustment under a construction contract with [the 1001
1212	1212		state] a state contracting agency in excess of fifty thousand dollars shall 1002
1213	1213		be subject to prior written certification by the fiscal officer of the state 1003
1214	1214		contracting agency or other agency responsible for funding the project 1004
1215	1215		or the contract, or other official responsible for monitoring and 1005
1216	1216		reporting upon the status of the costs of the total project budget or 1006
1217	1217		contract budget, as to the effect of the contract modification, change 1007
1218	1218		order, or adjustment in contract price on the total project budget or the 1008
1219	1219		total contract budget. Such regulations shall further provide that in the 1009
1220	1220		event the certification of the fiscal officer or other responsible official 1010
1221	1221		discloses a resulting increase in the total project budget or the total 1011
1222	1222		contract budget, the agency procurement officer shall not execute or 1012
1223	1223		make such contract modification, change order, or adjustment in 1013
1224	1224		contract price unless sufficient funds are available or the scope of the 1014 Substitute Bill No. 1223
1225	1225
1226	1226
1227	1227		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1229	1229		34 of 47
1230	1230
1231	1231		project or contract is adjusted so as to permit the degree of completion 1015
1232	1232		that is feasible within the total project budget or total contract budget as 1016
1233	1233		it existed prior to the contract modification, change order, or adjustment 1017
1234	1234		in contract price under consideration provided, with respect to the 1018
1235	1235		validity, as to the contractor, of any executed contract modification, 1019
1236	1236		change order, or adjustment in contract price which the contractor has 1020
1237	1237		reasonably relied upon, it shall be presumed that there has been 1021
1238	1238		compliance with the provisions of this section. 1022
1239	1239		Sec. 31. Subsection (a) of section 4e-48 of the general statutes is 1023
1240	1240		repealed and the following is substituted in lieu thereof (Effective July 1, 1024
1241	1241		2023): 1025
1242	1242		(a) For the purposes of this section, "nonresident bidder" means a 1026
1243	1243		business that is not a resident of the state that submits a bid in response 1027
1244	1244		to an invitation to bid by a state contracting agency, "resident bidder" 1028
1245	1245		means a business that submits a bid in response to an invitation to bid 1029
1246	1246		by a state contracting agency and that has paid unemployment taxes or 1030
1247	1247		income taxes in this state during the twelve calendar months 1031
1248	1248		immediately preceding submission of such bid, has a business address 1032
1249	1249		in the state and has affirmatively claimed such status in the bid 1033
1250	1250		submission, and "contract" [means "contract" as defined in section 4e-1 1034
1251	1251		and "state contracting agency" means] and "state contracting agency" [, 1035
1252	1252		as defined] have the same meanings as provided in section 4e-1, as 1036
1253	1253		amended by this act. 1037
1254	1254		Sec. 32. Section 4e-72 of the general statutes is repealed and the 1038
1255	1255		following is substituted in lieu thereof (Effective July 1, 2023): 1039
1256	1256		As used in this section, "contract", "state contracting agency", "data" 1040
1257	1257		and "contractor" have the same meanings as provided in section 4e-1, as 1041
1258	1258		amended by this act. Any contract between a state contracting agency 1042
1259	1259		and a contractor that is entered into, renewed or amended on or after 1043
1260	1260		October 1, 2021, or, in the case of a state contracting agency that is a 1044
1261	1261		quasi-public agency, entered into, renewed or amended on or after July 1045
1262	1262		1, 2023, shall contain a provision authorizing the state contracting 1046 Substitute Bill No. 1223
1263	1263
1264	1264
1265	1265		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1267	1267		35 of 47
1268	1268
1269	1269		agency to access any data concerning such contract that is in the 1047
1270	1270		possession or control of the contractor upon demand in a format 1048
1271	1271		prescribed by the state contracting agency at no additional cost to such 1049
1272	1272		agency. 1050
1273	1273		Sec. 33. Section 10a-255 of the general statutes is repealed and the 1051
1274	1274		following is substituted in lieu thereof (Effective July 1, 2023): 1052
1275	1275		(a) To accomplish the purposes of sections 10a-250 to 10a-263, 1053
1276	1276		inclusive, the corporation may enter into joint ventures or shared service 1054
1277	1277		agreements to procure hospital facilities and to contract for services 1055
1278	1278		necessary or useful in connection with the procurement of hospital 1056
1279	1279		facilities. The corporation shall establish and adopt specific policies, 1057
1280	1280		rules and procedures on purchasing and contracting. Such policies, 1058
1281	1281		rules and procedures shall be approved by a two-thirds vote of its full 1059
1282	1282		board of directors. The corporation shall conduct its contracting and 1060
1283	1283		purchasing operations in accordance with such policies, rules and 1061
1284	1284		procedures. Notwithstanding any other provision of law to the contrary, 1062
1285	1285		the corporation may enter into joint ventures or shared service 1063
1286	1286		agreements and may procure hospital facilities and contract for any 1064
1287	1287		services necessary or useful in connection with such procurement either 1065
1288	1288		(1) pursuant to a process of open or competitive bidding, provided that 1066
1289	1289		(A) the corporation may determine the format, contents and scope of 1067
1290	1290		any joint venture or shared service agreement or any procurement of 1068
1291	1291		hospital facilities, and services in connection with such procurement, 1069
1292	1292		the conditions under which bidding shall take place and the schedule 1070
1293	1293		and stipulations for contract award, and (B) the corporation may select 1071
1294	1294		the contractor deemed to have submitted the most favorable bid, price 1072
1295	1295		and other factors considered, when, in the judgment of the corporation, 1073
1296	1296		such award is in the best interests of the hospital, or (2) if the 1074
1297	1297		corporation, in its discretion, determines that, due to the nature of the 1075
1298	1298		joint venture or shared service agreement or hospital facilities to be 1076
1299	1299		contracted for or procured, open or public bidding is either 1077
1300	1300		impracticable or not in the best interests of the hospital, through 1078
1301	1301		negotiation with such person or persons as the corporation may 1079 Substitute Bill No. 1223
1302	1302
1303	1303
1304	1304		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1306	1306		36 of 47
1307	1307
1308	1308		determine. The terms and conditions of joint ventures or shared service 1080
1309	1309		agreements or contracts for hospital facilities shall be determined by the 1081
1310	1310		corporation, as shall the fees or other compensation to be paid to such 1082
1311	1311		persons under such joint venture, shared service agreement or contract, 1083
1312	1312		provided any contract for construction by the corporation or a 1084
1313	1313		subsidiary of a hospital facility shall be subject to the provisions of 1085
1314	1314		section 31-53 and any joint venture agreement or shared service 1086
1315	1315		agreement of the corporation shall contain a neutrality clause signed by 1087
1316	1316		all parties to such joint venture agreement or shared service agreement 1088
1317	1317		prohibiting employer interference by such parties in union organizing 1089
1318	1318		and education campaigns, prohibiting discrimination in hiring based on 1090
1319	1319		past union activity and prohibiting harassment of employees engaged 1091
1320	1320		in labor organizing, all in compliance with section 31-104 and section 31-1092
1321	1321		105. The joint venture, shared service agreement or contracts entered 1093
1322	1322		into by the corporation shall not be subject to the approval of any state 1094
1323	1323		department, office or agency other than as provided in this section. 1095
1324	1324		Copies of all contracts of the corporation shall be maintained by the 1096
1325	1325		corporation at its offices as public records, subject to the exemption 1097
1326	1326		provided in subsection (i) of section 10a-253. Nothing in this subsection 1098
1327	1327		shall be deemed to restrict the discretion of the corporation to utilize its 1099
1328	1328		own staff and workforce for the performance of any of its assigned 1100
1329	1329		responsibilities and functions whenever, in the discretion of the 1101
1330	1330		corporation, it becomes necessary, convenient or desirable to do so. 1102
1331	1331		(b) Subject to the restrictions of subdivision (15) of section 10a-254 the 1103
1332	1332		corporation may contract with the hospital to provide services for the 1104
1333	1333		hospital through joint ventures or shared service agreements or to 1105
1334	1334		provide hospital facilities for the hospital, to provide insurance for the 1106
1335	1335		hospital as provided in section 10a-256 and to contract for claims 1107
1336	1336		management services, or to otherwise make hospital facilities or services 1108
1337	1337		provided by joint ventures or shared service agreements available for 1109
1338	1338		the hospital. For the hospital to enter into any contract for such services 1110
1339	1339		or hospital facilities or insurance or claims management services with 1111
1340	1340		the corporation, to pay any reasonable fees and charges established by 1112
1341	1341		the corporation for such services or hospital facilities or to pledge 1113 Substitute Bill No. 1223
1342	1342
1343	1343
1344	1344		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1346	1346		37 of 47
1347	1347
1348	1348		payment from any moneys made available by the state to the hospital 1114
1349	1349		including, but not limited to, resources of the hospital fund established 1115
1350	1350		and administered pursuant to sections 10a-127 and 10a-128, other funds 1116
1351	1351		of the state and proceeds of financings by the state for the payment of 1117
1352	1352		such fees and charges, it shall have the authorization of the Board of 1118
1353	1353		Trustees of The University of Connecticut. Such authorization shall be 1119
1354	1354		given by adoption of a resolution at a regularly or specially noticed 1120
1355	1355		meeting of said board of trustees. Any fees and charges so established 1121
1356	1356		shall be deemed to be direct expenses of the hospital for which the 1122
1357	1357		resources of the hospital fund may be used pursuant to section 10a-127 1123
1358	1358		and the State Treasurer is authorized to make payments of such fees and 1124
1359	1359		charges upon warrants issued by the State Comptroller, upon the order 1125
1360	1360		of authorized officers of The University of Connecticut, pursuant to such 1126
1361	1361		a resolution. The provisions of section 4a-57 and any provision of law 1127
1362	1362		relating to contract approval other than sections 10a-250 to 10a-263, 1128
1363	1363		inclusive, shall not apply to such contracts between the hospital and the 1129
1364	1364		corporation. Any such contract or contracts shall be upon such terms 1130
1365	1365		and conditions as the corporation and the hospital shall determine to be 1131
1366	1366		reasonable including, but not limited to, the reimbursement of all costs 1132
1367	1367		of planning, financing, acquisition, construction, operation and 1133
1368	1368		maintenance, and any claims arising therefrom. All payments of fees 1134
1369	1369		and charges required under any contract or agreement entered into 1135
1370	1370		pursuant to the provisions of this section are considered expenditures 1136
1371	1371		for public purposes by the state. Any contract between the hospital and 1137
1372	1372		the corporation that provides for the procurement by the corporation of 1138
1373	1373		hospital facilities or services as authorized by sections 10a-250 to 10a-1139
1374	1374		263, inclusive, shall provide that the hospital shall be required to pay, 1140
1375	1375		through service, lease, rental or installment sale payments for such 1141
1376	1376		hospital facilities or services, all project costs of such hospital facilities 1142
1377	1377		or services at such times and in such amounts as determined by the 1143
1378	1378		corporation and the hospital. Any such contract between the hospital 1144
1379	1379		and the corporation may contain provisions as to: (1) Pledging or 1145
1380	1380		assigning any part of moneys and revenues, including reimbursement 1146
1381	1381		allowances, derived by the hospital or the corporation, to secure 1147
1382	1382		payments required by such contract; (2) setting aside reserves and 1148 Substitute Bill No. 1223
1383	1383
1384	1384
1385	1385		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1387	1387		38 of 47
1388	1388
1389	1389		creating special funds and the disposition thereof; (3) defining the acts 1149
1390	1390		or omissions to act which shall constitute a default in the obligations and 1150
1391	1391		duties of the hospital or the corporation and providing for the rights and 1151
1392	1392		remedies of the hospital and the corporation in the event of such default; 1152
1393	1393		(4) any other matters which may be deemed necessary or desirable by 1153
1394	1394		the corporation to properly carry out its corporate purposes. 1154
1395	1395		(c) Any joint venture, shared service agreement or contract entered 1155
1396	1396		into by the corporation, or any of its subsidiaries under this section, shall 1156
1397	1397		comply with the applicable provisions of section 4e-16, as amended by 1157
1398	1398		this act, and shall be subject to the jurisdiction of the State Contracting 1158
1399	1399		Standards Board to the same extent as a constituent unit of higher 1159
1400	1400		education. 1160
1401	1401		Sec. 34. Subdivision (15) of subsection (a) of section 15-31b of the 1161
1402	1402		general statutes is repealed and the following is substituted in lieu 1162
1403	1403		thereof (Effective July 1, 2023): 1163
1404	1404		(15) Invest in, acquire, lease, purchase, own, manage, hold and 1164
1405	1405		dispose of real property and lease, convey or deal in or enter into 1165
1406	1406		agreements with respect to such property on any terms necessary or 1166
1407	1407		incidental to carrying out the purposes of sections 15-31a to 15-31i, 1167
1408	1408		inclusive, provided such transactions shall not be subject to approval, 1168
1409	1409		review or regulation by any state agency pursuant to title 4b or any other 1169
1410	1410		provision of the general statutes, except (A) the authority shall not 1170
1411	1411		convey fee simple ownership in any property associated with the ports 1171
1412	1412		or harbors under its jurisdiction and control without the approval of the 1172
1413	1413		State Properties Review Board and the Attorney General, and (B) as 1173
1414	1414		provided in [subsection (c) of this section] chapter 62; and 1174
1415	1415		Sec. 35. Subsections (b) and (c) of section 15-31b of the general statutes 1175
1416	1416		are repealed and the following is substituted in lieu thereof (Effective July 1176
1417	1417		1, 2023): 1177
1418	1418		(b) The authority shall continue as long as it has bonds or other 1178
1419	1419		obligations outstanding and until its existence is terminated by law, 1179 Substitute Bill No. 1223
1420	1420
1421	1421
1422	1422		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1424	1424		39 of 47
1425	1425
1426	1426		provided no such termination shall affect any outstanding contractual 1180
1427	1427		obligation of the authority and the state shall succeed to the obligations 1181
1428	1428		of the authority under any contract. Upon the termination of the 1182
1429	1429		existence of the authority, all its rights and properties shall pass to and 1183
1430	1430		be vested in the state of Connecticut. 1184
1431	1431		[(c) On and after June 23, 2021, until July 1, 2026, the authority shall 1185
1432	1432		be a state contracting agency for the purposes of chapter 62, except for 1186
1433	1433		the provisions of section 4e-16, and shall be subject to the authority of 1187
1434	1434		the State Contracting Standards Board established under section 4e-2.] 1188
1435	1435		Sec. 36. Subsection (c) of section 10-357b of the general statutes is 1189
1436	1436		repealed and the following is substituted in lieu thereof (Effective July 1, 1190
1437	1437		2023): 1191
1438	1438		(c) The State Education Resource Center shall be subject to (1) rules, 1192
1439	1439		regulations and restrictions on purchasing, procurement, personal 1193
1440	1440		service agreements and the disposition of assets generally applicable to 1194
1441	1441		Connecticut state agencies, including those contained in titles 4, 4a and 1195
1442	1442		4b and [section 4e-19] chapter 62, and (2) audit by the Auditors of Public 1196
1443	1443		Accounts under chapter 12 and section 2-90. 1197
1444	1444		Sec. 37. Section 10a-196 of the general statutes is repealed and the 1198
1445	1445		following is substituted in lieu thereof (Effective July 1, 2023): 1199
1446	1446		Sections 10a-176 to 10a-195, inclusive, shall be deemed to provide a 1200
1447	1447		complete, additional and alternative method for the doing of the things 1201
1448	1448		authorized thereby, and shall be regarded as supplemental and 1202
1449	1449		additional to powers conferred by other laws; provided the issuance of 1203
1450	1450		bonds and refunding bonds under the provisions of this chapter need 1204
1451	1451		not comply with the requirements of any other law applicable to the 1205
1452	1452		issuance of bonds including, particularly, title 42a; and provided in the 1206
1453	1453		construction and acquisition of a project pursuant hereto the authority 1207
1454	1454		need not comply with the requirements of chapter 50. Except as 1208
1455	1455		otherwise expressly provided in this chapter and the provisions of 1209
1456	1456		chapter 62 concerning state contracting agencies, none of the powers 1210 Substitute Bill No. 1223
1457	1457
1458	1458
1459	1459		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1461	1461		40 of 47
1462	1462
1463	1463		granted to the authority under the provisions of this chapter shall be 1211
1464	1464		subject to the supervision or regulation or require the approval or 1212
1465	1465		consent of any municipality or political subdivision or any commission, 1213
1466	1466		board, body, bureau, official or agency thereof or of the state. 1214
1467	1467		Sec. 38. Subsection (s) of section 10a-204b of the general statutes is 1215
1468	1468		repealed and the following is substituted in lieu thereof (Effective July 1, 1216
1469	1469		2023): 1217
1470	1470		(s) The provisions of this section shall be deemed to provide a 1218
1471	1471		complete, additional and alternative method for the actions and the 1219
1472	1472		things authorized thereby and shall be regarded as supplemental and 1220
1473	1473		additional to powers granted by other laws; the issuance of bonds, notes 1221
1474	1474		or other obligations under the provisions of this section need not comply 1222
1475	1475		with the requirements of any law applicable to the issuance of bonds, 1223
1476	1476		notes or other obligations. This section, being necessary for the welfare 1224
1477	1477		of the state and its inhabitants, shall be liberally construed to affect its 1225
1478	1478		purpose. None of the powers granted to the corporation or to any 1226
1479	1479		subsidiary created pursuant to subdivision (5) of section 10a-204 under 1227
1480	1480		the provisions of this section shall be subject to the supervision or 1228
1481	1481		regulation or require the approval or consent of any municipality or 1229
1482	1482		political subdivision or any department, division, commission, board, 1230
1483	1483		body, bureau, official or agency thereof or of the state, and the exercise 1231
1484	1484		thereof shall not cause the corporation or any such subsidiary to be 1232
1485	1485		construed to be an agency within the scope of chapter 54 or a 1233
1486	1486		department, institution or agency of the state, except that the 1234
1487	1487		corporation or any such subsidiary shall comply with the provisions of 1235
1488	1488		chapter 62 concerning state contracting agencies. 1236
1489	1489		Sec. 39. Section 10a-243 of the general statutes is repealed and the 1237
1490	1490		following is substituted in lieu thereof (Effective July 1, 2023): 1238
1491	1491		The provisions of this chapter shall be deemed to provide a complete, 1239
1492	1492		additional and alternative method for the actions of the things 1240
1493	1493		authorized thereby and shall be regarded as supplemental and 1241
1494	1494		additional to powers granted by other laws; the issuance of revenue 1242 Substitute Bill No. 1223
1495	1495
1496	1496
1497	1497		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
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1499	1499		41 of 47
1500	1500
1501	1501		bonds or notes and revenue refunding bonds or notes under the 1243
1502	1502		provisions of this chapter need not comply with the requirements of any 1244
1503	1503		other law applicable to the issuance of bonds or notes. This chapter, 1245
1504	1504		being necessary for the welfare of the state and its inhabitants, shall be 1246
1505	1505		liberally construed to effect its purpose. Except as otherwise expressly 1247
1506	1506		provided in this chapter or the provisions of chapter 62 concerning state 1248
1507	1507		contracting agencies, none of the powers granted to the authority under 1249
1508	1508		the provisions of this chapter shall be subject to the supervision or 1250
1509	1509		regulation or require the approval or consent of any municipality or 1251
1510	1510		political subdivision or any department, division, commission, board, 1252
1511	1511		body, bureau, official or agency thereof or of the state. The authority 1253
1512	1512		shall not be construed to be an agency within the scope of chapter 54 or 1254
1513	1513		a department, institution or agency of the state. 1255
1514	1514		Sec. 40. Subdivision (16) of subsection (b) of section 12-806 of the 1256
1515	1515		general statutes is repealed and the following is substituted in lieu 1257
1516	1516		thereof (Effective July 1, 2023): 1258
1517	1517		(16) To invest in, acquire, lease, purchase, own, manage, hold and 1259
1518	1518		dispose of real property and lease, convey or deal in or enter into 1260
1519	1519		agreements with respect to such property on any terms necessary or 1261
1520	1520		incidental to carrying out the purposes of sections 12-563a, 12-800 to 12-1262
1521	1521		818, inclusive, and sections 12-853 and 12-854, provided such 1263
1522	1522		transactions shall not be subject to approval, review or regulation 1264
1523	1523		pursuant to title 4b or any other statute by any state agency, except that 1265
1524	1524		real property transactions shall be subject to review by the State 1266
1525	1525		Properties Review Board and contracts shall be subject to the provisions 1267
1526	1526		of chapter 62 concerning state contracting agencies; 1268
1527	1527		Sec. 41. Section 12-815 of the general statutes is repealed and the 1269
1528	1528		following is substituted in lieu thereof (Effective July 1, 2023): 1270
1529	1529		(a) The corporation shall establish and adopt specific policies, rules 1271
1530	1530		and procedures on purchasing and contracting. Such policies, rules and 1272
1531	1531		procedures or amendments thereto shall be approved by a two-thirds 1273
1532	1532		vote of the entire board. Notwithstanding any other provision of law to 1274 Substitute Bill No. 1223
1533	1533
1534	1534
1535	1535		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
1536		-	~~R02~~-SB.docx }
	1536	+	R01-SB.docx }
1537	1537		42 of 47
1538	1538
1539	1539		the contrary, the corporation may enter into management, consulting 1275
1540	1540		and other agreements for the provision of goods, services and 1276
1541	1541		professional advisors necessary or useful in connection with the 1277
1542	1542		operation and management of the lottery (1) pursuant to a process of 1278
1543	1543		open or competitive bidding, provided (A) the corporation shall first 1279
1544	1544		determine the format, content and scope of any agreement for any 1280
1545	1545		procurement of goods or services, the conditions under which bidding 1281
1546	1546		will take place and the schedule and stipulations for contract award, and 1282
1547	1547		(B) the corporation may select the contractor deemed to have submitted 1283
1548	1548		the most favorable bid, considering price and other factors, when, in the 1284
1549	1549		judgment of the corporation, such award is in the best interests of the 1285
1550	1550		corporation, or (2) if the corporation, in its discretion, determines that, 1286
1551	1551		due to the nature of the agreement to be contracted for or procured, 1287
1552	1552		open or public bidding is either impracticable or not in the best interests 1288
1553	1553		of the corporation, by negotiation with such prospective providers as 1289
1554	1554		the corporation may determine. The terms and conditions of agreements 1290
1555	1555		and the fees or other compensation to be paid to such persons shall be 1291
1556	1556		determined by the corporation. The agreements entered into by the 1292
1557	1557		corporation in accordance with the provisions of this section shall not 1293
1558	1558		be subject to the approval of any state department, office or agency, 1294
1559	1559		except as provided in chapter 62 in the provisions concerning state 1295
1560	1560		contracting agencies or regulations adopted by the Department of 1296
1561	1561		Consumer Protection. Nothing in this section shall be deemed to restrict 1297
1562	1562		the discretion of the corporation to utilize its own staff and workforce 1298
1563	1563		for the performance of any of its assigned responsibilities and functions 1299
1564	1564		whenever, in the discretion of the corporation, it becomes necessary, 1300
1565	1565		convenient or desirable to do so. Copies of all agreements of the 1301
1566	1566		corporation shall be maintained by the corporation at its offices as public 1302
1567	1567		records, subject to said exemption. 1303
1568	1568		(b) [The] Except as provided in chapter 62, the corporation shall not 1304
1569	1569		be subject to rules, regulations or restrictions on purchasing or 1305
1570	1570		procurement or the disposition of assets generally applicable to 1306
1571	1571		Connecticut state agencies, including those contained in titles 4a and 4b 1307
1572	1572		and the corresponding rules and regulations. The board shall adopt 1308 Substitute Bill No. 1223
1573	1573
1574	1574
1575	1575		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
1576		-	~~R02~~-SB.docx }
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1577	1577		43 of 47
1578	1578
1579	1579		rules and procedures on purchasing, procurement and the disposition 1309
1580	1580		of assets applicable to the corporation. The adoption of such rules or 1310
1581	1581		procedures shall not be subject to chapter 54. Any such rules or 1311
1582	1582		procedures shall be a public record, as defined in section 1-200. 1312
1583	1583		Sec. 42. Section 22a-268 of the general statutes is repealed and the 1313
1584	1584		following is substituted in lieu thereof (Effective July 1, 2023): 1314
1585	1585		The authority shall utilize private industry, by contract, to carry out 1315
1586	1586		the business, design, operating, management, marketing, planning and 1316
1587	1587		research and development functions of the authority, unless the 1317
1588	1588		authority determines that it is in the public interest to adopt another 1318
1589	1589		course of action. The authority is hereby empowered to enter into long-1319
1590	1590		term contracts with private persons for the performance of any such 1320
1591	1591		functions of the authority which, in the opinion of the authority, can 1321
1592	1592		desirably and conveniently be carried out by a private person under 1322
1593	1593		contract provided any such contract shall contain such terms and 1323
1594	1594		conditions as will enable the authority to retain overall supervision and 1324
1595	1595		control of the business, design, operating, management, transportation, 1325
1596	1596		marketing, planning and research and development functions to be 1326
1597	1597		carried out or to be performed by such private persons pursuant to such 1327
1598	1598		contract. Such contracts shall be entered into either on a competitive 1328
1599	1599		negotiation or competitive bidding basis, and the authority in its 1329
1600	1600		discretion may select the type of contract it deems most prudent to 1330
1601	1601		utilize, pursuant to the contracting procedures adopted under section 1331
1602	1602		22a-268a and considering the scope of work, the management 1332
1603	1603		complexities associated therewith, the extent of current and future 1333
1604	1604		technological development requirements and the best interests of the 1334
1605	1605		state. Whenever a long-term contract is entered into on other than a 1335
1606	1606		competitive bidding basis, the criteria and procedures therefor shall 1336
1607	1607		conform to applicable provisions of subdivision (16) of subsection (a) 1337
1608	1608		and subsections (b) and (c) of section 22a-266, provided however, that 1338
1609	1609		any contract for a period of over five years in duration, or any contract 1339
1610	1610		for which the annual consideration is greater than fifty thousand dollars 1340
1611	1611		shall be approved by a two-thirds vote of the authority's full board of 1341 Substitute Bill No. 1223
1612	1612
1613	1613
1614	1614		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
1615		-	~~R02~~-SB.docx }
	1615	+	R01-SB.docx }
1616	1616		44 of 47
1617	1617
1618	1618		directors. The terms and conditions of such contracts shall be 1342
1619	1619		determined by the authority, as shall the fees or other similar 1343
1620	1620		compensation to be paid to such persons for such contracts. The 1344
1621	1621		contracts entered into by the authority shall not be subject to the 1345
1622	1622		approval of any other state department, office or agency, except as 1346
1623	1623		provided in chapter 62, in the provisions concerning state contracting 1347
1624	1624		agencies. However, copies of all contracts of the authority shall be 1348
1625	1625		maintained by the authority as public records, subject to the proprietary 1349
1626	1626		rights of any party to the contract. Nothing of the aforesaid shall be 1350
1627	1627		deemed to restrict the discretion of the authority to utilize its own staff 1351
1628	1628		and work force for the performance of any of its assigned 1352
1629	1629		responsibilities and functions whenever, in the discretion of the 1353
1630	1630		authority, it becomes necessary, convenient or desirable to do so. Any 1354
1631	1631		litigation with respect to any terms, conditions or provisions of any 1355
1632	1632		contract of the authority, or the performance or nonperformance of same 1356
1633	1633		by either party, shall be tried before a judge of the Superior Court of 1357
1634	1634		Connecticut. 1358
1635	1635		Sec. 43. Subdivision (14) of section 31-49h of the general statutes is 1359
1636	1636		repealed and the following is substituted in lieu thereof (Effective July 1, 1360
1637	1637		2023): 1361
1638	1638		(14) Make and enter into any contract or agreement necessary or 1362
1639	1639		incidental to the performance of its duties and execution of its powers. 1363
1640	1640		[The] Except as provided in chapter 62, the contracts and agreements 1364
1641	1641		entered into by the authority shall not be subject to the approval of any 1365
1642	1642		other state department, office or agency, provided copies of all such 1366
1643	1643		contracts shall be maintained by the authority as public records, subject 1367
1644	1644		to the proprietary rights of any party to such contracts. No contract shall 1368
1645	1645		contain any provision in which any contractor derives any direct or 1369
1646	1646		indirect economic benefit from denying or otherwise influencing the 1370
1647	1647		outcome of any claim for benefits. The standard criteria for the 1371
1648	1648		evaluation of proposals relating to claims processing, web site 1372
1649	1649		development, database development, marketing and advertising, in the 1373
1650	1650		event the authority seeks the services of an outside contractor for such 1374 Substitute Bill No. 1223
1651	1651
1652	1652
1653	1653		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
1654		-	~~R02~~-SB.docx }
	1654	+	R01-SB.docx }
1655	1655		45 of 47
1656	1656
1657	1657		tasks, and for the evaluation of proposals relating to all other contracts 1375
1658	1658		in amounts equal to or exceeding two hundred fifty thousand dollars 1376
1659	1659		shall include, but need not be limited to: (A) Transparency, (B) cost, (C) 1377
1660	1660		efficiency of operations, (D) quality of work related to the contracts 1378
1661	1661		issued, (E) user experience, (F) accountability, and (G) a cost-benefit 1379
1662	1662		analysis documenting the direct and indirect costs of such contracts, 1380
1663	1663		including qualitative and quantitative benefits that will result from the 1381
1664	1664		implementation of such contracts. The establishment of additional 1382
1665	1665		standard criteria shall be approved by a two-thirds vote of the board 1383
1666	1666		after such criteria have been posted on a public Internet web site 1384
1667	1667		maintained by the authority for notice and comment for at least one 1385
1668	1668		week prior to such vote. 1386
1669	1669		Sec. 44. Subdivision (13) of section 38a-1083 of the general statutes is 1387
1670	1670		repealed and the following is substituted in lieu thereof (Effective July 1, 1388
1671	1671		2023): 1389
1672	1672		(13) Make and enter into any contract or agreement necessary or 1390
1673	1673		incidental to the performance of its duties and execution of its powers, 1391
1674	1674		including, but not limited to, an agreement with the Office of Health 1392
1675	1675		Strategy to use funds collected under this section for the operation of 1393
1676	1676		the all-payer claims database established under section 19a-755a and to 1394
1677	1677		receive data from such database. The contracts entered into by the 1395
1678	1678		exchange shall not be subject to the approval of any other state 1396
1679	1679		department, office or agency, provided copies of all contracts of the 1397
1680	1680		exchange shall be maintained by the exchange as public records, subject 1398
1681	1681		to the proprietary rights of any party to the contract, except (A) as 1399
1682	1682		provided in chapter 62, and (B) any agreement with the Office of Health 1400
1683	1683		Strategy shall be subject to approval by said office and the Office of 1401
1684	1684		Policy and Management and no portion of such agreement shall be 1402
1685	1685		considered proprietary; 1403
1686	1686		This act shall take effect as follows and shall amend the following
1687	1687		sections:
1688	1688
1689	1689		Section 1 from passage New section Substitute Bill No. 1223
1690	1690
1691	1691
1692	1692		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
1693		-	~~R02~~-SB.docx }
	1693	+	R01-SB.docx }
1694	1694		46 of 47
1695	1695
1696	1696		Sec. 2 July 1, 2023 4e-1
1697	1697		Sec. 3 July 1, 2023 4e-2(g) and (h)
1698	1698		Sec. 4 July 1, 2023 4e-3(a)(2)
1699	1699		Sec. 5 July 1, 2023 4e-4
1700	1700		Sec. 6 July 1, 2023 4e-5(a) to (c)
1701	1701		Sec. 7 July 1, 2023 4e-7(a)
1702	1702		Sec. 8 July 1, 2023 4e-8
1703	1703		Sec. 9 July 1, 2023 4e-10(a)
1704	1704		Sec. 10 July 1, 2023 4e-14
1705	1705		Sec. 11 July 1, 2023 4e-16(c) and (d)
1706	1706		Sec. 12 July 1, 2023 4e-16(l)(2) to (4)
1707	1707		Sec. 13 July 1, 2023 4e-16(n)
1708	1708		Sec. 14 July 1, 2023 4e-16(p)
1709	1709		Sec. 15 July 1, 2023 4e-17
1710	1710		Sec. 16 July 1, 2023 4e-18
1711	1711		Sec. 17 July 1, 2023 4e-21(c)
1712	1712		Sec. 18 July 1, 2023 4e-24
1713	1713		Sec. 19 July 1, 2023 4b-51(d)
1714	1714		Sec. 20 July 1, 2023 4b-57(a)
1715	1715		Sec. 21 July 1, 2023 4b-91(g)
1716	1716		Sec. 22 July 1, 2023 4e-27
1717	1717		Sec. 23 July 1, 2023 4e-31
1718	1718		Sec. 24 July 1, 2023 4e-34
1719	1719		Sec. 25 July 1, 2023 4e-35
1720	1720		Sec. 26 July 1, 2023 4e-37(g) to (i)
1721	1721		Sec. 27 July 1, 2023 4e-38
1722	1722		Sec. 28 July 1, 2023 4e-40(2)
1723	1723		Sec. 29 July 1, 2023 4e-45
1724	1724		Sec. 30 July 1, 2023 4e-46
1725	1725		Sec. 31 July 1, 2023 4e-48(a)
1726	1726		Sec. 32 July 1, 2023 4e-72
1727	1727		Sec. 33 July 1, 2023 10a-255
1728	1728		Sec. 34 July 1, 2023 15-31b(a)(15)
1729	1729		Sec. 35 July 1, 2023 15-31b(b) and (c)
1730	1730		Sec. 36 July 1, 2023 10-357b(c)
1731	1731		Sec. 37 July 1, 2023 10a-196
1732	1732		Sec. 38 July 1, 2023 10a-204b(s)
1733	1733		Sec. 39 July 1, 2023 10a-243
1734	1734		Sec. 40 July 1, 2023 12-806(b)(16)
1735	1735		Sec. 41 July 1, 2023 12-815 Substitute Bill No. 1223
1736	1736
1737	1737
1738	1738		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01223-
1739		-	~~R02~~-SB.docx }
	1739	+	R01-SB.docx }
1740	1740		47 of 47
1741	1741
1742	1742		Sec. 42 July 1, 2023 22a-268
1743	1743		Sec. 43 July 1, 2023 31-49h(14)
1744	1744		Sec. 44 July 1, 2023 38a-1083(13)
1745	1745
	1746	+	Statement of Legislative Commissioners:
	1747	+	In Section 10, "that take effect on or after July 1, 2023," was added for
	1748	+	consistency.
1746	1749
1747	1750		GAE Joint Favorable Subst.
1748		-	APP Joint Favorable
1749	1751