Bill Text: CT SB00480 | 2018 | General Assembly | Introduced
Bill Title: An Act Concerning Expedited Approval Of Affirmative Action Plans Submitted By Contractors To The Commission On Human Rights And Opportunities.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-05-06 - House Calendar Number 552 [SB00480 Detail]
Download: Connecticut-2018-SB00480-Introduced.html
General Assembly |
Raised Bill No. 480 | ||
February Session, 2018 |
LCO No. 2319 | ||
*02319_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING AN EXPEDITED REVIEW OF AFFIRMATIVE ACTION PLANS SUBMITTED BY CONTRACTORS TO THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 46a-68c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) As used in this section and section 46a-68d, as amended by this act, "close-out process" means a commission process that ensures that all forms required by the commission are complete and filed with the commission, all subcontractors and suppliers of materials have been paid in full, a certificate of substantial completion or proof that the contractor or vendor has been paid in full has been received by the commission, and the project is no longer under construction.
(b) In addition to the provisions of section 4a-60, each contractor with fifty or more employees awarded a public works contract, municipal public works contract or contract for a quasi-public agency project 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 on Human Rights and Opportunities an affirmative action plan which shall comply with regulations adopted by the commission. The executive director or the executive director's designee shall review and formally approve or disapprove the content of the affirmative action plan not later than one hundred twenty days following the date of the submission of the plan to the commission. If the executive director or the executive director's designee fails to approve or disapprove a plan within the one-hundred-twenty-day period, the plan shall be deemed approved or approved with deficiencies if the plan would have otherwise been disapproved. Not later than thirty days after the date on which a plan has been deemed approved or approved with deficiencies, the executive director or the executive director's designee shall provide written notice to the contractor of the approval or approval with deficiencies. Any contractor whose plan has been approved or approved with deficiencies shall comply with all requests for documentation through the commission's close-out process. 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] executive director or the executive director's designee approves an affirmative action plan pursuant to this section, [it] the executive director or the executive director's designee shall issue a certificate of compliance to the contractor. [This] Such 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] executive director or the executive director's designee 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, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, as amended by this act, and 46a-68e to 46a-68k, inclusive.
Sec. 2. Section 46a-68d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
In addition to the provisions of section 4a-60, every public works contract, municipal public works contract or contract for a quasi-public agency project 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 with and have obtained the approval of the [commission] executive director or the executive director's designee for an affirmative action plan. The [commission] executive director or the executive director's designee 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. In the case of a public works contract, 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] executive director or the executive director's designee. In the case of a municipal public works contract or contract for a quasi-public agency project, the municipality or entity, as applicable, 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] executive director or the executive director's designee. 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] executive director or the executive director's designee shall review plans submitted pursuant to this section within sixty days of receipt and either approve, approve with conditions or reject such plan. If after one hundred twenty or more days following the date of submission of such plan, the executive director or the executive director's designee has failed to approve, conditionally approve or reject a plan, upon request by the authority that awarded a contract described in this section and upon receipt of an affirmation by the contractor that such contractor shall comply with all requests for documentation through the commission's close-out process, the executive director or the executive director's designee shall release the moneys withheld under the provisions of this section. When the [commission] executive director or the executive director's designee approves an affirmative action plan pursuant to this section, [it] executive director or the executive director's designee shall issue a certificate of compliance to the contractor as provided in section 46a-68c, as amended by this act.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018 |
46a-68c |
Sec. 2 |
October 1, 2018 |
46a-68d |
Statement of Purpose:
To establish an expedited review of affirmative action plans submitted by contractors to the Commission on Human Rights and Opportunities.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]