General Assembly Raised Bill No. 480
February Session, 2020 LCO No. 2798
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING PUBLIC PRIVATE PARTNERSHIPS AND
PRIVATIZATION OF STATE SERVICES AT THE UNIVERSITY OF
CONNECTICUT HEALTH CENTER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. (NEW) (Effective July 1, 2020) (a) As used in this subsection,
2 (1) "Costs" means all reasonable, relevant and verifiable expenses,
3 including salary, materials, supplies, services, equipment, capital
4 depreciation, rent, maintenance, repairs, utilities, insurance, travel,
5 overhead, interim and final payments and the normal cost of fringe
6 benefits, as calculated by the Comptroller; (2) "normal cost of fringe
7 benefits" means the amount of contributions required to fund the fringe
8 benefits allocated to the current year of service; (3) "privatization
9 contract" means an agreement or series of agreements between The
10 University of Connecticut Health Center and a person or entity in which
11 such person or entity agrees to provide services that are substantially
12 similar to and in lieu of services provided, in whole or in part, by The
13 University of Connecticut Health Center employees; (4) "public-private
14 partnership" means the relationship established between The University
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15 of Connecticut and a private entity by contracting for the performance
16 of any combination of specified functions or responsibilities currently
17 performed by The University of Connecticut Health Center; and (5)
18 "savings" means the difference between the current annual direct and
19 indirect costs of providing such services and the projected, annual direct
20 and indirect costs of contracting to provide such services in any
21 succeeding state fiscal year during the term of such proposed
22 privatization contract.
23 (b) (1) In lieu of complying with the provisions of section 4e-16 of the
24 general statutes, The University of Connecticut Health Center shall
25 obtain the approval of the General Assembly under this section prior to
26 soliciting bids or issuing a request for proposals for any proposed
27 privatization contract or public-private partnership contract that is
28 estimated to cost in excess of one million dollars annually. The
29 University of Connecticut Health Center shall submit (A) any such bid
30 solicitation or request for proposals to the clerks of the House of
31 Representatives and Senate, and (B) a copy of such solicitation or
32 request for proposals to the joint standing committees of the General
33 Assembly having cognizance of matters relating to higher education
34 and government administration, in accordance with the provisions of
35 section 11-4a of the general statutes. As part of such submission, the
36 chief executive officer of The University Health Center shall certify that,
37 based on the data and information, all projected costs, savings and
38 benefits are valid and achievable.
39 (2) The General Assembly shall approve such bid solicitation or
40 request for proposals as a whole by a majority vote of each house or may
41 reject such bid solicitation or request for proposals as a whole by a
42 majority vote of either house. If the General Assembly is in session, it
43 shall vote to approve or reject such bid solicitation or request for
44 proposals not later than thirty days after The University of Connecticut
45 Health Center files such contract with the General Assembly. If the
46 General Assembly is not in session when such bid solicitation or request
47 for proposals is filed, it shall be submitted to the General Assembly not
48 later than ten days after the first day of the next regular session or special
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49 session called for such purpose. Such thirty-day period shall not begin
50 or expire unless the General Assembly is in regular session. For the
51 purposes of this subsection, any bid solicitation or request for proposals
52 filed with the clerks of the House of Representatives and Senate within
53 thirty days before the commencement of a regular session of the General
54 Assembly shall be deemed to be filed on the first day of such session.
55 (c) The submission of any proposed bid solicitation or request for
56 proposals by a state contracting agency in accordance with subsection
57 (b) of this section shall be deemed to satisfy all requirements of
58 subsections (c) and (d) of section 4e-16 of the general statutes.
59 Sec. 2. Subdivision (28) of section 4e-1 of the general statutes is
60 repealed and the following is substituted in lieu thereof (Effective July 1,
61 2020):
62 (28) "State contracting agency" means any executive branch agency,
63 board, commission, department, office, institution or council. "State
64 contracting agency" does not include the judicial branch, the legislative
65 branch, the offices of the Secretary of the State, the State Comptroller,
66 the Attorney General, the State Treasurer, with respect to their
67 constitutional functions, any state agency with respect to contracts
68 specific to the constitutional and statutory functions of the office of the
69 State Treasurer. For the purposes of section 4e-16, "state contracting
70 agency" includes any constituent unit of the state system of higher
71 education, [and] for the purposes of section 4e-19, "state contracting
72 agency" includes the State Education Resource Center, established
73 under section 10-4q and for the purposes of section 1 of this act, "state
74 contracting agency" includes The University of Connecticut Health
75 Center;
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 New section
Sec. 2 July 1, 2020 4e-1(28)
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Statement of Purpose:
To require The University of Connecticut Health Center to obtain the
approval of the General Assembly prior to soliciting bids or a request
for proposals for a privatization or public-private partnership contract.
[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.]
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