Substitute Senate Bill No. 457
          Substitute Senate Bill No. 457

              PUBLIC ACT NO. 98-191


AN  ACT CONCERNING OVERSIGHT OF THE EFFICIENCY AND
EFFECTIVENESS OF LARGE STATE CONTRACTORS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  4-61dd  of  the  general
statutes,  as amended  by  public  act  97-55,  is
repealed and the  following is substituted in lieu
thereof:
    (a) Any person  having knowledge of any matter
involving    corruption,   unethical    practices,
violation   of   state    laws   or   regulations,
mismanagement,  gross waste  of  funds,  abuse  of
authority or danger to the public safety occurring
in  any  state   department   or   agency  or  any
quasi-public agency, as  defined in section 1-120,
OR  ANY PERSON  HAVING  KNOWLEDGE  OF  ANY  MATTER
INVOLVING  CORRUPTION,  VIOLATION   OF   STATE  OR
FEDERAL LAWS OR REGULATIONS, GROSS WASTE OF FUNDS,
ABUSE OF AUTHORITY  OR DANGER TO THE PUBLIC SAFETY
OCCURRING  IN  ANY   LARGE   STATE  CONTRACT,  may
transmit  all  facts   and   information   in  his
possession concerning such  matter to the Auditors
of  Public  Accounts.   The   Auditors  of  Public
Accounts shall review such matter and report their
findings and any  recommendations  to the Attorney
General.  Upon  receiving   such   a  report,  the
Attorney General shall  make such investigation as
he deems proper.  At  the  request of the Attorney
General or on  their  own initiative, the auditors
shall assist in  the  investigation.  The Attorney
General  shall have  power  to  summon  witnesses,
require the production  of  any  necessary  books,
papers or other  documents and administer oaths to
witnesses, where necessary,  for  the  purpose  of
investigation.   Upon  the   conclusion   of   his
investigation, the Attorney  General  shall  where
necessary, report his findings to the Governor, or
in matters involving  criminal  activity,  to  the
Chief State's Attorney.  The  Auditors  of  Public
Accounts and the Attorney General shall not, after
receipt of any information from a person under the
provisions of this  section, disclose the identity
of such person  without  his  consent  unless  the
Auditors  of  Public   Accounts  or  the  Attorney
General   determine  that   such   disclosure   is
unavoidable    during   the    course    of    the
investigation.
    (b) No state  officer  or employee, as defined
in section 4-141,  no  quasi-public agency officer
or employee, NO  OFFICER  OR  EMPLOYEE  OF A LARGE
STATE CONTRACTOR and no appointing authority shall
take or threaten  to  take  any  personnel  action
against any state  or quasi-public agency employee
OR ANY EMPLOYEE  OF  A  LARGE  STATE CONTRACTOR in
retaliation  for  such  employee's  disclosure  of
information to the  Auditors of Public Accounts or
the Attorney General  under the provisions of this
section.  [An]  A  STATE  OR  QUASI-PUBLIC  AGENCY
employee  alleging  that   such  action  has  been
threatened or taken  may  file  an  appeal  within
thirty days of  knowledge of the specific incident
giving rise to  such  claim  with  the  Employees'
Review Board under  section 5-202, or, in the case
of [an] A  STATE  OR  QUASI-PUBLIC AGENCY employee
covered by a  collective  bargaining  contract, in
accordance with the  procedure  provided  by  such
contract. AN EMPLOYEE  OF A LARGE STATE CONTRACTOR
ALLEGING THAT SUCH  ACTION  HAS BEEN THREATENED OR
TAKEN   MAY,  AFTER   EXHAUSTING   ALL   AVAILABLE
ADMINISTRATIVE REMEDIES, BRING  A  CIVIL ACTION IN
ACCORDANCE WITH THE  PROVISIONS  OF SUBSECTION (c)
OF SECTION 31-51m.
    (c) Any employee  OF  A  STATE OR QUASI-PUBLIC
AGENCY OR LARGE  STATE CONTRACTOR, WHO IS found to
have knowingly and  maliciously made false charges
under subsection (a)  of  this  section  shall  be
subject to disciplinary  action  by his appointing
authority up to and including dismissal. [Such] IN
THE  CASE  OF   A  STATE  OR  QUASI-PUBLIC  AGENCY
EMPLOYEE, SUCH action  shall  be subject to appeal
to the Employees'  Review Board in accordance with
section  5-202,  or   in  the  case  of  STATE  OR
QUASI-PUBLIC   AGENCY   employees    included   in
collective  bargaining  contracts,  the  procedure
provided by such contracts.
    (d) On or  before  September  first, annually,
the Auditors of  Public  Accounts  shall submit to
the clerk of  each house of the General Assembly a
report indicating the  number of matters for which
facts  and information  were  transmitted  to  the
auditors  pursuant  to  this  section  during  the
preceding state fiscal year and the disposition of
each such matter.
    (e)  EACH  CONTRACT   BETWEEN   A   STATE   OR
QUASI-PUBLIC AGENCY AND  A  LARGE STATE CONTRACTOR
SHALL PROVIDE THAT,  IF  AN  OFFICER,  EMPLOYEE OR
APPOINTING AUTHORITY OF  A  LARGE STATE CONTRACTOR
TAKES OR THREATENS  TO  TAKE  ANY PERSONNEL ACTION
AGAINST  ANY  EMPLOYEE   OF   THE   CONTRACTOR  IN
RETALIATION  FOR  SUCH  EMPLOYEE'S  DISCLOSURE  OF
INFORMATION TO THE  AUDITORS OF PUBLIC ACCOUNTS OR
THE ATTORNEY GENERAL  UNDER THE PROVISIONS OF THIS
SECTION, THE CONTRACTOR  SHALL  BE  LIABLE  FOR  A
CIVIL  PENALTY OF  NOT  MORE  THAN  FIVE  THOUSAND
DOLLARS FOR EACH  OFFENSE,  UP  TO  A  MAXIMUM  OF
TWENTY PER CENT OF THE VALUE OF THE CONTRACT. EACH
VIOLATION SHALL BE A SEPARATE AND DISTINCT OFFENSE
AND IN THE  CASE  OF  A  CONTINUING VIOLATION EACH
CALENDAR DAY'S CONTINUANCE  OF THE VIOLATION SHALL
BE DEEMED TO  BE  A SEPARATE AND DISTINCT OFFENSE.
THE EXECUTIVE HEAD  OF  THE  STATE OR QUASI-PUBLIC
AGENCY MAY REQUEST THE ATTORNEY GENERAL TO BRING A
CIVIL  ACTION  IN   THE  SUPERIOR  COURT  FOR  THE
JUDICIAL DISTRICT OF  HARTFORD-NEW BRITAIN TO SEEK
IMPOSITION AND RECOVERY OF SUCH CIVIL PENALTY.
    (f) EACH LARGE  STATE  CONTRACTOR SHALL POST A
NOTICE OF THE  PROVISIONS OF THIS SECTION RELATING
TO LARGE STATE  CONTRACTORS IN A CONSPICUOUS PLACE
WHICH IS READILY  AVAILABLE  FOR  VIEWING  BY  THE
EMPLOYEES OF THE CONTRACTOR.
    (g) AS USED IN THIS SECTION:
    (1) "LARGE STATE  CONTRACT"  MEANS  A CONTRACT
BETWEEN AN ENTITY  AND  A  STATE  OR  QUASI-PUBLIC
AGENCY, HAVING A  VALUE OF FIVE MILLION DOLLARS OR
MORE, EXCEPT FOR  A CONTRACT FOR THE CONSTRUCTION,
ALTERATION OR REPAIR  OF  ANY  PUBLIC  BUILDING OR
PUBLIC WORK; AND
    (2) "LARGE STATE  CONTRACTOR"  MEANS AN ENTITY
THAT HAS ENTERED  INTO A LARGE STATE CONTRACT WITH
A STATE OR QUASI-PUBLIC AGENCY.
    Sec. 2. This  act  shall  take  effect July 1,
1998.

Approved June 4, 1998