PA 15-73—SB 877

Government Administration and Elections Committee

AN ACT CONCERNING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES

SUMMARY: This act makes several unrelated changes affecting the Department of Administrative Services (DAS). Among other things, it:

1. specifies that a sale of surplus state property is deemed approved by the legislature's Finance and Government Administration and Elections (GAE) committees if they both waive their right to hold a meeting concerning the sale;

2. (a) expands the department's Technical Services Revolving Fund's permitted uses and (b) modifies the fund's review requirements; and

3. eliminates an obsolete requirement that DAS set aside space for child care facilities in certain state buildings.

The act allows the DAS commissioner to extend the expiration date of a business's certification for the small and minority-owned business set-aside program. By law, a certification is valid for up to two years; the act allows the commissioner to extend this period by up to six months if she determines that it is warranted ( 1) (see BACKGROUND).

The act also eliminates a requirement that DAS conduct annual training sessions for members of public agencies on access to and disclosure of computer-stored public records under the Freedom of Information Act (FOIA). By law, the Freedom of Information Commission must conduct annual training sessions for members of public agencies on access to and disclosure of public records under FOIA generally ( 4).

Lastly, the act eliminates the defunct Capital Equipment Data Processing Revolving Fund. Prior law required that the fund be used for purchasing data processing equipment and related items necessary to maintain or improve the state's data processing functions ( 6).

EFFECTIVE DATE: July 1, 2015

2 — SALES OF SURPLUS STATE PROPERTY

By law, the DAS commissioner must submit proposed sales of surplus state property to the legislature's Finance and GAE committees. The committees have 30 days after receiving an agreement to approve or disapprove it or notify the commissioner that they waive their right to hold a meeting. The agreement is deemed approved if the committees do not act within this time period. The act specifies that the agreement is also deemed approved if the committees notify the commissioner that they waive their right to hold a meeting within that time period.

3 — TECHNICAL SERVICES REVOLVING FUND

The act allows DAS's Technical Services Revolving Fund to also be used for purchasing, installing, and using telecommunication systems. Under prior law, the fund's use was limited to purchasing, installing, and using information systems. By law, telecommunication systems are telephone equipment and transmission facilities, either alone or in combination with information systems, for electronically distributing all forms of information, including voice, data, and images.

Under prior law, the DAS commissioner and Office of Policy and Management (OPM) secretary had to develop appropriate review procedures and accountability standards for the fund and measures for determining its performance. The act instead requires the (1) commissioner and secretary to regularly review the fund using generally accepted accounting principles and (2) Auditors of Public Accounts to conduct an annual comprehensive financial review of the fund.

5 & 6 — CHILD CARE FACILITIES IN STATE BUILDINGS

The act eliminates an obsolete requirement that DAS set aside space for child care facilities in certain state buildings. Under prior law, DAS had to set aside the space if there was an unmet need for child care for at least 30 children of a building's employees and other potential participants, as determined by the Office of Early Childhood with DAS's assistance. The requirement applied to state buildings that accommodate 300 or more state employees and that the state (1) constructs, acquires, or receives as a gift or (2) alters, repairs, or makes additions to, if the alterations, repairs, or additions affect 25% or more of the building's square footage.

BACKGROUND

Set-Aside Program

By law, state agencies and political subdivisions (other than municipalities, under prior law) must set aside 25% of the total value of all contracts they let for construction, goods, and services each year for exclusive bidding by certified small contractors (i. e. small business enterprises (SBE)). The agencies must further reserve 25% of the set-aside value (6. 25% of the total) for exclusive bidding by certified minority business enterprises (MBE). (PA 15-5, June Spec. Sess. , subjects certain public works contracts awarded by municipalities to these requirements. )

An SBE is a business that (1) maintains its principal place of business in Connecticut, (2) had gross revenues of $15 million or less during its most recent fiscal year, and (3) is independent. MBEs are small businesses owned by women, minorities, or people with disabilities who have managerial and technical competence and experience directly related to their principal business activities.

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