Bill Text: CT SB00383 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Concerning Workforce Participation Thresholds For Public Works Contracts.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-06-02 - Senate Recommitted to Government Administration and Elections [SB00383 Detail]
Download: Connecticut-2015-SB00383-Comm_Sub.html
General Assembly |
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January Session, 2015 |
*_____SB00383LAB___031615____* |
AN ACT CONCERNING WORKFORCE PARTICIPATION THRESHOLDS FOR PUBLIC WORKS CONTRACTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 4a-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Every contract to which the state or any political subdivision of the state other than a municipality is a party shall contain the following provisions:
(1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut; and the contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved;
(2) The contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an "affirmative action-equal opportunity employer" in accordance with regulations adopted by the commission;
(3) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the commission advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;
(4) The contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, 46a-68e and 46a-68f; and
(5) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor as relate to the provisions of this section and section 46a-56.
(b) If the contract is a public works contract, the contractor agrees and warrants that he will make good faith efforts to employ (1) minority business enterprises as subcontractors and suppliers of materials on such public works project, and (2) a workforce comprised of not less than twenty-five per cent minorities, as such term is defined in subsection (a) of section 32-9n, not less than twenty-five per cent state residents and not less than eight per cent women.
(c) (1) Any contractor who has one or more contracts with the state or a political subdivision of the state that is valued at less than fifty thousand dollars for each year of the contract shall provide the state or such political subdivision of the state with a written or electronic representation that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section, provided if there is any change in such representation, the contractor shall provide the updated representation to the state or such political subdivision not later than thirty days after such change.
(2) Any contractor who has one or more contracts with the state or a political subdivision of the state that is valued at fifty thousand dollars or more for any year of the contract shall provide the state or such political subdivision of the state with any one of the following:
(A) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section;
(B) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the agency of the state or such political subdivision, or a designee, certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section; or
(C) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.
(3) Neither the state nor any political subdivision shall award a contract to a contractor who has not provided the representation or documentation required under subdivisions (1) and (2) of this subsection, as applicable. After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation. If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (A) not later than thirty days after the effective date of such change, or (B) upon the execution of a new contract with the state or a political subdivision of the state, whichever is earlier. Such contractor shall also certify, in accordance with subparagraph (B) or (C) of subdivision (2) of this subsection, to the state or political subdivision, not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the state or political subdivision is current and accurate.
(d) For the purposes of this section, "contract" includes any extension or modification of the contract, "contractor" includes any successors or assigns of the contractor, "marital status" means being single, married as recognized by the state of Connecticut, widowed, separated or divorced, and "mental disability" means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", or a record of or regarding a person as having one or more such disorders. For the purposes of this section, "contract" does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, (2) a quasi-public agency, as defined in section 1-120, (3) any other state, as defined in section 1-267, (4) the federal government, (5) a foreign government, or (6) an agency of a subdivision, agency, state or government described in subparagraph (1), (2), (3), (4) or (5) of this subsection.
(e) For the purposes of this section, "minority business enterprise" means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise, and (3) who are members of a minority, as such term is defined in subsection (a) of section 32-9n; and "good faith" means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. "Good faith efforts" shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.
(f) Determination of the contractor's good faith efforts shall include but shall not be limited to the following factors: The contractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the commission may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.
(g) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the commission, of its good faith efforts.
(h) The contractor shall include the provisions of subsections (a) and (b) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the commission. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions including sanctions for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.
Sec. 2. Section 46a-68c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) In addition to the provisions of section 4a-60, as amended by this act, each contractor with fifty or more employees awarded a public works contract in excess of fifty thousand dollars in any fiscal year, but not subject to the provisions of section 46a-68d, as amended by this act, shall develop and file with the commission an affirmative action plan [which] that shall (1) comply with regulations adopted by said commission, and (2) include a statement that the contractor shall make good faith efforts, as described in subsection (e) of section 4a-60, as amended by this act, and determined pursuant to subsection (b) of this section, to employ a workforce comprised of not less than twenty-five per cent minorities, as such term is defined in subsection (a) of section 32-9n, not less than twenty-five per cent state residents and not less than eight per cent women. Failure to develop an approved affirmative action plan pursuant to this section shall act as a bar to bidding on or the award of future contracts until such requirement has been met. When the commission approves an affirmative action plan pursuant to this section, it shall issue a certificate of compliance to the contractor. This certificate shall be prima facie proof of the contractor's eligibility to bid or be awarded contracts for a period of two years from the date of the certificate. Such certificate shall not excuse the contractor from monitoring by the commission or from the reporting and record-keeping requirements of sections 46a-68e and 46a-68f. The commission may revoke the certificate of a contractor if the contractor does not implement its affirmative action plan in compliance with this section and sections 4a-60, as amended by this act, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, as amended by this act, and 46a-68e to 46a-68k, inclusive.
(b) Determination of the contractor's good faith efforts shall include, but shall not be limited to, the following factors: (1) The contractor's employment and subcontracting policies, patterns and practices; (2) affirmative advertising, recruitment and training; and (3) technical assistance activities and such other reasonable activities or efforts as the commission may prescribe that are designed to ensure the employment of such minorities, state residents and women in public works projects. The contractor shall develop and maintain adequate documentation, in a manner prescribed by the commission, of its good faith efforts.
Sec. 3. Section 46a-68d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) In addition to the provisions of section 4a-60, as amended by this act, every public works contract subject to the provisions of part II of chapter 60 shall also be subject to the provisions of this section. After a bid has been accepted but before a contract is awarded, the successful bidder shall file and have approved by the commission an affirmative action plan that shall include a statement that the contractor shall make good faith efforts, as described in subsection (e) of section 4a-60, as amended by this act, and determined pursuant to subsection (b) of this section, to employ a workforce comprised of not less than twenty-five per cent minorities, as such term is defined in subsection (a) of section 32-9n, not less than twenty-five per cent state residents and not less than eight per cent women. The commission may provide for conditional acceptance of an affirmative action plan provided written assurances are given by the contractor that it will amend its plan to conform to affirmative action requirements. The state shall withhold two per cent of the total contract price per month from any payment made to such contractor until such time as the contractor has developed an affirmative action plan, and received the approval of the commission. Notwithstanding the provisions of this section, a contractor subject to the provisions of this section may file a plan in advance of or at the same time as its bid. The commission shall review plans submitted pursuant to this section within sixty days of receipt and either approve, approve with conditions or reject such plan. When the commission approves an affirmative action plan pursuant to this section, it shall issue a certificate of compliance to the contractor as provided in section 46a-68c, as amended by this act.
(b) Determination of the contractor's good faith efforts shall include, but shall not be limited to, the following factors: (1) The contractor's employment and subcontracting policies, patterns and practices; (2) affirmative advertising, recruitment and training; and (3) technical assistance activities and such other reasonable activities or efforts as the commission may prescribe that are designed to ensure the employment of such minorities, state residents and women in public works projects. The contractor shall develop and maintain adequate documentation, in a manner prescribed by the commission, of its good faith efforts.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2015 |
4a-60 |
Sec. 2 |
October 1, 2015 |
46a-68c |
Sec. 3 |
October 1, 2015 |
46a-68d |
LAB |
Joint Favorable Subst. |