14 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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15 | 21 | | Assembly convened: |
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16 | 22 | | |
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17 | 23 | | Section 1. Section 54-192h of the general statutes is repealed and the 1 |
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18 | 24 | | following is substituted in lieu thereof (Effective October 1, 2025): 2 |
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19 | 25 | | (a) For the purposes of this section: 3 |
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20 | 26 | | (1) "Administrative warrant" means a warrant, notice to appear, 4 |
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21 | 27 | | removal order or warrant of deportation issued by an agent of a federal 5 |
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22 | 28 | | agency charged with the enforcement of immigration laws or the 6 |
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23 | 29 | | security of the borders, including ICE and the United States Customs 7 |
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24 | 30 | | and Border Protection, but does not include a warrant issued or signed 8 |
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25 | 31 | | by a judicial officer. 9 |
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26 | 32 | | (2) "Civil immigration detainer" means a request from a federal 10 |
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27 | 33 | | immigration authority to a local or state law enforcement agency for a 11 |
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28 | 34 | | purpose including, but not limited to: 12 |
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29 | 35 | | (A) Detaining an individual suspected of violating a federal 13 |
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30 | 36 | | immigration law or who has been issued a final order of removal; 14 |
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37 | 45 | | immigration authority; 17 |
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38 | 46 | | (C) Providing notification of the release date and time of an 18 |
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39 | 47 | | individual in custody; and 19 |
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40 | 48 | | (D) Notifying a law enforcement officer, through DHS Form I-247A, 20 |
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41 | 49 | | or any other form used by the United States Department of Homeland 21 |
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42 | 50 | | Security or any successor agency thereto, of the federal immigration 22 |
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43 | 51 | | authority's intent to take custody of an individual; 23 |
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44 | 52 | | (3) "Confidential information" means any information obtained and 24 |
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45 | 53 | | maintained by a law enforcement agency relating to (A) an individual's 25 |
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46 | 54 | | (i) sexual orientation, or (ii) status as a victim of domestic violence or 26 |
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47 | 55 | | sexual assault, (B) whether such individual is a (i) crime witness, or (ii) 27 |
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48 | 56 | | recipient of public assistance, or (C) an individual's income tax or other 28 |
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49 | 57 | | financial records, including, but not limited to, Social Security numbers; 29 |
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50 | 58 | | (4) "Federal immigration authority" means any officer, employee or 30 |
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51 | 59 | | other person otherwise paid by or acting as an agent of ICE or any 31 |
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52 | 60 | | division thereof or any officer, employee or other person otherwise paid 32 |
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53 | 61 | | by or acting as an agent of the United States Department of Homeland 33 |
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54 | 62 | | Security or any successor agency thereto who is charged with 34 |
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55 | 63 | | enforcement of the civil provisions of the Immigration and Nationality 35 |
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56 | 64 | | Act; 36 |
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57 | 65 | | (5) "ICE" means United States Immigration and Customs 37 |
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58 | 66 | | Enforcement or any successor agency thereto; 38 |
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59 | 67 | | (6) "ICE access" means any of the following actions taken by a law 39 |
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60 | 68 | | enforcement officer with respect to an individual who is stopped by a 40 |
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61 | 69 | | law enforcement officer with or without the individual's consent, 41 |
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62 | 70 | | arrested, detained or otherwise under the control of a law enforcement 42 |
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63 | 71 | | official or agency: 43 |
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71 | 81 | | (B) Providing notification to a federal immigration authority that 47 |
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72 | 82 | | such individual is being or will be released at a certain date and time 48 |
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73 | 83 | | through data sharing or otherwise; 49 |
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74 | 84 | | (C) Providing a federal immigration authority nonpublicly available 50 |
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75 | 85 | | information concerning such individual regarding release date or time, 51 |
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76 | 86 | | home address or work address, whether obtained through a computer 52 |
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77 | 87 | | database or otherwise; 53 |
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78 | 88 | | (D) Allowing a federal immigration authority to interview such 54 |
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79 | 89 | | individual under the control of the law enforcement agency; 55 |
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80 | 90 | | (E) Allowing a federal immigration authority to use a facility or 56 |
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81 | 91 | | resources in the control of a law enforcement agency to conduct 57 |
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82 | 92 | | interviews, administrative proceedings or other immigration 58 |
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83 | 93 | | enforcement activities concerning such individual; or 59 |
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84 | 94 | | (F) Providing a federal immigration authority information regarding 60 |
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85 | 95 | | dates and times of probation or parole supervision or any other 61 |
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86 | 96 | | information related to such individual's compliance with the terms of 62 |
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87 | 97 | | probation or parole; 63 |
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88 | 98 | | "ICE access" does not include submission by a law enforcement 64 |
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89 | 99 | | officer of fingerprints to the Automated Fingerprints Identification 65 |
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90 | 100 | | system of an arrested individual or the accessing of information from 66 |
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91 | 101 | | the National Crime Information Center by a law enforcement officer 67 |
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92 | 102 | | concerning an arrested individual; 68 |
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93 | 103 | | (7) "Judicial officer" means any judge of the state or federal judicial 69 |
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94 | 104 | | branches and any federal magistrate judge. "Judicial officer" does not 70 |
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95 | 105 | | mean an immigration judge; 71 |
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96 | 106 | | (8) "Law enforcement agency" means any agency for which a law 72 |
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104 | 116 | | (A) Each officer, employee or other person otherwise paid by or 76 |
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105 | 117 | | acting as an agent of the Department of Correction; 77 |
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106 | 118 | | (B) Each officer, employee or other person otherwise paid by or acting 78 |
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107 | 119 | | as an agent of a municipal police department; 79 |
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108 | 120 | | (C) Each officer, employee or other person otherwise paid by or 80 |
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109 | 121 | | acting as an agent of the Division of State Police within the Department 81 |
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110 | 122 | | of Emergency Services and Public Protection; [and] 82 |
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111 | 123 | | (D) Each judicial marshal, state marshal and adult or juvenile 83 |
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112 | 124 | | probation officer; 84 |
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113 | 125 | | (E) Each state's attorney, assistant state's attorney, supervising state's 85 |
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114 | 126 | | attorney, special deputy assistant state's attorney and each officer, 86 |
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115 | 127 | | employee or other person otherwise paid by or acting as an agent of the 87 |
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116 | 128 | | Division of Criminal Justice; and 88 |
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117 | 129 | | (F) Each officer, employee or other person otherwise paid by or acting 89 |
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118 | 130 | | as an agent of the Board of Pardons and Paroles; 90 |
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119 | 131 | | (10) "Bail commissioner or intake, assessment or referral specialist" 91 |
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120 | 132 | | means an employee of the Judicial Branch whose duties are described in 92 |
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121 | 133 | | section 54-63d; [and] 93 |
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122 | 134 | | (11) "School police or security department" means any police or 94 |
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123 | 135 | | security department of (A) the constituent units of the state system of 95 |
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124 | 136 | | higher education, as defined in section 10a-1, (B) a public school, or (C) 96 |
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125 | 137 | | a local or regional school district; and 97 |
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126 | 138 | | (12) "Public agency" has the same meaning as provided in section 1-98 |
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127 | 139 | | 200. 99 |
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136 | 150 | | detainer unless (i) the detainer is accompanied by a warrant issued or 104 |
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137 | 151 | | signed by a judicial officer, (ii) the individual has been convicted of a 105 |
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138 | 152 | | class A or B felony offense, or (iii) the individual is identified as a 106 |
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139 | 153 | | possible match in the federal Terrorist Screening Database or similar 107 |
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140 | 154 | | database; 108 |
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141 | 155 | | (B) Expend or use time, money, facilities, property, equipment, 109 |
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142 | 156 | | personnel or other resources to communicate with a federal 110 |
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143 | 157 | | immigration authority regarding the custody status or release of an 111 |
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144 | 158 | | individual targeted by a civil immigration detainer, except as provided 112 |
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145 | 159 | | in subsection [(e)] (f) of this section; 113 |
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146 | 160 | | (C) Arrest or detain an individual based on an administrative 114 |
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147 | 161 | | warrant; 115 |
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148 | 162 | | (D) Give a federal immigration authority access to interview an 116 |
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149 | 163 | | individual who is in the custody of a law enforcement agency unless the 117 |
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150 | 164 | | individual (i) has been convicted of a class A or B felony offense, (ii) is 118 |
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151 | 165 | | identified as a possible match in the federal Terrorist Screening 119 |
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152 | 166 | | Database or similar database, or (iii) is the subject of a court order issued 120 |
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153 | 167 | | under 8 USC 1225(d)(4)(B); or 121 |
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154 | 168 | | (E) Perform any function of a federal immigration authority, whether 122 |
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155 | 169 | | pursuant to 8 USC 1357(g) or any other law, regulation, agreement, 123 |
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156 | 170 | | contract or policy, whether formal or informal. 124 |
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157 | 171 | | (2) The provisions of this subsection shall not prohibit submission by 125 |
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158 | 172 | | a law enforcement officer of fingerprints to the Automated Fingerprints 126 |
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159 | 173 | | Identification system of an arrested individual or the accessing of 127 |
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160 | 174 | | information from the National Crime Information Center by a law 128 |
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161 | 175 | | enforcement officer concerning an arrested individual. 129 |
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170 | 186 | | agency or officer, employee or other person otherwise paid by or acting 134 |
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171 | 187 | | as an agent of a public agency shall disclose, for the purpose of 135 |
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172 | 188 | | enforcement of federal immigration law, or in response to a request or 136 |
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173 | 189 | | inquiry of any kind referencing a person's immigration status: (A) A 137 |
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174 | 190 | | person's address; (B) a person's workplace or hours of work; (C) a 138 |
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175 | 191 | | person's school or school hours; or (D) the date, time or location of a 139 |
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176 | 192 | | person's hearings, proceedings or appointments with the public agency 140 |
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177 | 193 | | that are not matters of public record. 141 |
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178 | 194 | | (3) A public agency or officer, employee or other person otherwise 142 |
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179 | 195 | | paid by or acting as an agent of a public agency may disclose 143 |
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185 | | - | general public. 149 |
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186 | | - | [(c)] (d) Prior to responding to a request for notification of the release 150 |
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187 | | - | date and time from custody of a law enforcement agency of an 151 |
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188 | | - | individual suspected of violating a federal immigration law or who has 152 |
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189 | | - | been issued a final order of removal, the law enforcement officer shall 153 |
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190 | | - | forward the request to the head of the law enforcement agency for 154 |
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191 | | - | review. 155 |
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| 201 | + | general public, (C) if otherwise required by law, or (D) if the information 149 |
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| 202 | + | is required to advance an investigation into a violation of criminal law. 150 |
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| 203 | + | (d) Prior to responding to a request for notification of the release date 151 |
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| 204 | + | and time from custody of a law enforcement agency of an individual 152 |
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| 205 | + | suspected of violating a federal immigration law or who has been issued 153 |
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| 206 | + | a final order of removal, the law enforcement officer shall forward the 154 |
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| 207 | + | request to the head of the law enforcement agency for review. 155 |
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205 | 223 | | (3) Otherwise required by law. 165 |
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206 | 224 | | [(e)] (f) (1) Upon receiving a civil immigration detainer, a law 166 |
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207 | 225 | | enforcement agency shall provide a copy of the detainer to the affected 167 |
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208 | 226 | | individual who is the subject of the detainer and inform the individual 168 |
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209 | 227 | | whether the law enforcement agency intends to comply with the 169 |
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210 | 228 | | detainer. If a law enforcement agency provides ICE with notification 170 |
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211 | 229 | | that an individual is being, or will be released on a certain date, the law 171 |
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212 | 230 | | enforcement agency shall promptly provide to the individual and to the 172 |
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213 | 231 | | individual's attorney or shall make a good faith effort to contact one 173 |
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214 | 232 | | other individual who the individual may designate, a copy of such 174 |
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215 | 233 | | notification as well as the reason, in writing, that such law enforcement 175 |
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216 | 234 | | agency is complying with the detainer. 176 |
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217 | 235 | | (2) All records relating to ICE access maintained by law enforcement 177 |
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218 | 236 | | agencies shall be deemed public records under the Freedom of 178 |
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219 | 237 | | Information Act, as defined in section 1-200. Records relating to ICE 179 |
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220 | 238 | | access include, but are not limited to, data maintained by the law 180 |
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221 | 239 | | enforcement agency regarding the number and demographic data of 181 |
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222 | 240 | | individuals to whom the agency has provided ICE access, the date ICE 182 |
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223 | 241 | | access was provided to an individual, the type of ICE access provided 183 |
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224 | 242 | | to an individual, the amount of resources expended on providing ICE 184 |
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225 | 243 | | access and any communication between the law enforcement agency 185 |
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226 | 244 | | and any federal immigration authority. No provision of this section 186 |
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227 | 245 | | shall be construed to require disclosure of any record exempt from 187 |
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228 | 246 | | disclosure under section 1-210 or 1-215. 188 |
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229 | 247 | | (3) (A) Beginning January 1, 2020, the legislative body of any 189 |
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230 | 248 | | municipality with a law enforcement agency that has provided ICE 190 |
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231 | 249 | | access to an individual during the prior six months shall provide to the 191 |
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242 | 262 | | if statistics are not maintained, as individual records, provided 198 |
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243 | 263 | | personally identifiable information is redacted. 199 |
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244 | 264 | | (B) Beginning January 1, 2026, each public agency shall provide to the 200 |
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245 | 265 | | Office of Policy and Management, on an ongoing basis every six months, 201 |
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246 | 266 | | data regarding any request for disclosure of information, as described 202 |
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247 | 267 | | in subsection (c) of this section, the date the request was made and the 203 |
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248 | 268 | | response to the request, including whether any information was 204 |
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249 | 269 | | disclosed in response to the request. Data may be provided in the form 205 |
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250 | 270 | | of statistics or, if statistics are not maintained, as individual records, 206 |
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251 | 271 | | provided personally identifiable information is redacted. 207 |
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252 | | - | (C) Beginning February 1, 2026, and every six months thereafter, the 208 |
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253 | | - | Office of Policy and Management shall submit a report, in accordance 209 |
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254 | | - | with the provisions of section 11-4a, to the Attorney General, the 210 |
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255 | | - | Commissioner of Emergency Services and Public Protection, and the 211 |
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256 | | - | joint standing committee of the General Assembly having cognizance of 212 |
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257 | | - | matters relating to the judiciary, which shall include a summary of the 213 |
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258 | | - | data reported to the Office of Policy and Management pursuant to 214 |
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259 | | - | subparagraphs (A) and (B) of this subdivision. 215 |
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260 | | - | [(f)] (g) The Office of Policy and Management shall ensure that the 216 |
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261 | | - | requirements of this section are disseminated to, and appropriate 217 |
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262 | | - | training is provided for, all [affected law enforcement agencies and 218 |
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263 | | - | school police or security departments and employees and agents of such 219 |
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264 | | - | law enforcement agencies and school police or security departments] 220 |
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265 | | - | public agencies or officers, employees or other persons otherwise paid 221 |
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266 | | - | by or acting as agents of a public agency. Such training may entail how 222 |
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267 | | - | law enforcement officers and other officials performing similar duties 223 |
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268 | | - | will adhere to the provisions of this section and how they will interact 224 |
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269 | | - | with crime victims, criminal suspects and individuals cooperating with 225 |
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270 | | - | law enforcement officers. 226 |
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271 | | - | [(g)] (h) No provision of this section shall be construed to provide, 227 |
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272 | | - | expand or ratify the legal authority of any law enforcement agency to 228 |
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273 | | - | detain an individual based on a civil immigration detainer request. 229 Substitute Bill No. 7212 |
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| 272 | + | [(f)] (g) The Office of Policy and Management shall ensure that the 208 |
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| 273 | + | requirements of this section are disseminated to, and appropriate 209 |
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| 274 | + | training is provided for, all [affected law enforcement agencies and 210 |
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| 275 | + | school police or security departments and employees and agents of such 211 |
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| 276 | + | law enforcement agencies and school police or security departments] 212 |
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| 277 | + | public agencies or officers, employees or other persons otherwise paid 213 |
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| 278 | + | by or acting as agents of a public agency. Such training may entail how 214 |
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| 279 | + | law enforcement officers and other officials performing similar duties 215 |
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| 280 | + | will adhere to the provisions of this section and how they will interact 216 |
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| 281 | + | with crime victims, criminal suspects and individuals cooperating with 217 |
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| 282 | + | law enforcement officers. 218 |
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| 283 | + | [(g)] (h) No provision of this section shall be construed to provide, 219 |
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| 284 | + | expand or ratify the legal authority of any law enforcement agency to 220 |
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| 285 | + | detain an individual based on a civil immigration detainer request. 221 |
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| 286 | + | Raised Bill No. 7212 |
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278 | | - | (i) (1) No person shall be subject to arrest or otherwise detained 230 |
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279 | | - | pursuant to a civil immigration detainer in a courthouse or while 231 |
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280 | | - | traveling to or from a courthouse for the purpose of conducting business 232 |
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281 | | - | with the court, including attending a court proceeding as a party to such 233 |
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282 | | - | proceeding, a witness in such proceeding or accompanying a family or 234 |
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283 | | - | household member who is such a party or witness. 235 |
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284 | | - | (2) The provisions of this subsection shall not (A) apply to an arrest 236 |
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285 | | - | made pursuant to a judicial warrant, or (B) narrow or in any way lessen 237 |
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286 | | - | any existing common law privilege. 238 |
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287 | | - | (3) Any violation of the provisions of this subsection shall be deemed 239 |
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288 | | - | contempt of court for purposes of section 51-33. 240 |
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289 | | - | (4) Any person aggrieved by a violation of this subsection may bring 241 |
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290 | | - | a civil action for equitable relief or damages in the Superior Court. A 242 |
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291 | | - | civil action brought for damages may be triable by jury. 243 |
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292 | | - | (5) The Attorney General may bring an action against any person who 244 |
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293 | | - | violates the provisions of this subsection in the superior court for the 245 |
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294 | | - | judicial district of Hartford for injunction, declaratory judgment or 246 |
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295 | | - | mandamus. 247 |
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296 | | - | (6) In any action pursuant to this subsection, the court may award 248 |
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297 | | - | reasonable attorney's fees and costs incurred to the prevailing party. 249 |
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298 | | - | (7) No action or proceeding may be commenced pursuant to this 250 |
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299 | | - | subsection against the Judicial Branch or any court employee or official 251 |
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300 | | - | acting lawfully pursuant to their duty to maintain safety and order in 252 |
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301 | | - | the courts. 253 |
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302 | | - | (j) Any municipality which violates any provision of this section shall 254 |
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303 | | - | be subject to an action by any aggrieved person for injunction, 255 |
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304 | | - | declaratory judgment, mandamus or a civil action for damages. Such 256 |
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305 | | - | action may be brought in the superior court for the judicial district of 257 |
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306 | | - | Hartford, or for the judicial district in which the person resides. Actions 258 |
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307 | | - | for injunction, declaratory judgment or mandamus under this 259 Substitute Bill No. 7212 |
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| 290 | + | LCO No. 6224 9 of 9 |
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309 | | - | |
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310 | | - | LCO 10 of 12 |
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311 | | - | |
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312 | | - | subsection may be prosecuted by any aggrieved person or by the 260 |
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313 | | - | Attorney General in the name of the state upon the Attorney General's 261 |
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314 | | - | own complaint or upon the complaint of any person. Any aggrieved 262 |
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315 | | - | person who prevails in an action under this subsection shall be entitled 263 |
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316 | | - | to recover court costs and reasonable attorney's fees. An action under 264 |
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317 | | - | this subsection shall be privileged with respect to assignment for trial. 265 |
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318 | | - | Sec. 2. (NEW) (Effective October 1, 2025, and applicable to contracts 266 |
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319 | | - | entered into on or after said date) (a) As used in this section: 267 |
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320 | | - | (1) "State agency" means any office, department, board, council, 268 |
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321 | | - | commission, institution or other agency in the executive, legislative or 269 |
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322 | | - | judicial branch of state government; 270 |
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323 | | - | (2) "State contract" means an agreement or a combination or series of 271 |
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324 | | - | agreements between a state agency and a person, firm or corporation 272 |
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325 | | - | having a total value of more than one thousand dollars in a calendar or 273 |
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326 | | - | fiscal year, for (A) a project for the construction, alteration or repair of 274 |
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327 | | - | any public building or public work, (B) services, including, but not 275 |
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328 | | - | limited to, consulting and professional services, (C) the procurement of 276 |
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329 | | - | supplies, materials or equipment, (D) a lease, or (E) a licensing 277 |
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330 | | - | arrangement. "State contract" does not include a contract between a state 278 |
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331 | | - | agency or a quasi-public agency and a political subdivision of the state; 279 |
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332 | | - | (3) "Principals and key personnel" means officers, directors, 280 |
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333 | | - | shareholders, members, partners and managerial employees; and 281 |
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334 | | - | (4) "Federal immigration authority" has the same meaning as 282 |
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335 | | - | provided in section 54-192h of the general statutes, as amended by this 283 |
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336 | | - | act. 284 |
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337 | | - | (b) On and after October 1, 2025, no state agency shall execute a state 285 |
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338 | | - | contract unless such contract contains the representation described in 286 |
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339 | | - | this section. 287 |
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340 | | - | (c) Any principal or key personnel of the person, firm or corporation 288 |
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341 | | - | submitting a bid or proposal for a state contract shall represent that the 289 Substitute Bill No. 7212 |
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342 | | - | |
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343 | | - | |
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344 | | - | LCO 11 of 12 |
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345 | | - | |
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346 | | - | principals and key personnel of the person, firm or corporation, and any 290 |
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347 | | - | agent of such person, firm or corporation will not cooperate or contract 291 |
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348 | | - | with any federal immigration authority for purposes of the detention, 292 |
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349 | | - | holding or transportation of an individual who is subject to the 293 |
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350 | | - | protections afforded by the provisions of section 54-192h of the general 294 |
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351 | | - | statutes, as amended by this act. For purposes of this subsection, 295 |
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352 | | - | "individual" does not include an individual described in subparagraph 296 |
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353 | | - | (A) of subdivision (1) of subsection (b) of section 54-192h of the general 297 |
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354 | | - | statutes, as amended by this act. 298 |
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355 | | - | (d) Any bidder or proposer that does not agree to the representations 299 |
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356 | | - | required under this section shall be rejected and the state agency shall 300 |
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357 | | - | award the contract to the next highest ranked proposer or the next 301 |
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358 | | - | lowest responsible qualified bidder or seek new bids or proposals. 302 |
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359 | | - | (e) Each state agency shall include in the bid specifications or request 303 |
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360 | | - | for proposals for a state contract a notice of the representation 304 |
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361 | | - | requirements of this section. 305 |
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362 | | - | (f) The Commissioner of Administrative Services shall enter into a 306 |
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363 | | - | memorandum of understanding concerning the sharing of information 307 |
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364 | | - | to enable the Commissioner of Administrative Services to verify any 308 |
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365 | | - | representation made under this section. 309 |
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