reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-212. - Definitions.

As used in sections 4-212 to 4-219, inclusive:
(1) “Competitive negotiation” means a procedure for contracting for services in which (A) proposals are solicited from qualified persons, firms or corporations by a request for proposals, and (B) changes may be negotiated in proposals and prices after being submitted.
(2) “Personal service contractor” means any person, firm or corporation not employed by the state, who is hired by a state agency for a fee to provide services to the agency. The term “personal service contractor” shall not include (A) a person, firm or corporation providing “contractual services”, as defined in section 4a-50, to the state, (B) a “consultant”, as defined in section 4b-55, (C) a “consultant”, as defined in section 13b-20b, (D) an agency of the federal government, of the state or of a political subdivision of the state, or (E) a person, firm or corporation providing consultant services for information and telecommunications systems authorized under subdivision (3) of subsection (b) of section 4d-2.
(3) “Personal service agreement” means a written agreement defining the services or end product to be delivered by a personal service contractor to a state agency, excluding any agreement with a personal service contractor that the state accounting manual does not require to be submitted to the Comptroller.
(4) “Secretary” means the Secretary of the Office of Policy and Management.
(5) “State agency” means a department, board, council, commission, institution or other executive branch agency.
(P.A. 93-336, S. 1, 13; P.A. 96-235, S. 7, 19; May 9 Sp. Sess. P.A. 02-7, S. 97; P.A. 04-58, S. 4; P.A. 09-210, S. 1; P.A. 11-51, S. 113.)
History: P.A. 93-336 effective June 29, 1993; P.A. 96-235 substituted “consultant” for “design professional” in Subdiv. (2)(B), effective June 6, 1996; May 9 Sp. Sess. P.A. 02-7 added Subdiv. (2)(E) re exclusion for certain consultant services, effective August 15, 2002; P.A. 04-58 amended Subdiv. (2)(E) by adding “a person, firm or corporation providing”; P.A. 09-210 amended Subdiv. (2)(C) by deleting “providing services to the Department of Transportation” and made technical changes in Subdivs. (1) and (5), effective July 8, 2009; P.A. 11-51 amended Subdiv. (2) to change “subdivision (5) of subsection (c)” to “subdivision (3) of subsection (b)” re reference to Sec. 4d-2, effective July 1, 2011.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-213. - Personal service agreement required when hiring personal service contractor.

On and after July 1, 1994, no state agency may hire a personal service contractor without executing a personal service agreement with such contractor.
(P.A. 93-336, S. 2, 13.)
History: P.A. 93-336 effective June 29, 1993.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-214. - Personal service agreements having cost of not more than twenty thousand dollars and term of not more than one year.

Each personal service agreement executed on or after July 1, 1994, and having a cost of not more than twenty thousand dollars and a term of not more than one year shall be based, when possible, on competitive negotiation or competitive quotations.
(P.A. 93-336, S. 3, 13; P.A. 94-188, S. 19; P.A. 09-210, S. 2.)
History: P.A. 93-336 effective June 29, 1993; P.A. 94-188 changed the applicable amount of the personal service agreement from $10,000 to $20,000; P.A. 09-210 deleted former Subsec. (b) re state agency reports and made a conforming change, effective July 8, 2009.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-216a. - State agency contracts with nonprofit providers of human services. Prohibition on state agency adjustment of contracts to offset paycheck protection program loans.

(a) As used in this section, (1) “COVID-19” means the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by said organization as a communicable respiratory disease, (2) “loan forgiveness” means forgiveness of any paycheck protection program loan, in whole or in part, provided under the CARES Act, P.L. 116-136, or the Paycheck Program Flexibility Act of 2020, P.L. 116-142, and (3) “paycheck protection program loan” means a loan offered to a business or nonprofit organization during the COVID-19 pandemic under the CARES Act.
(b) No state agency contracting with a nonprofit provider of human services may attempt to recover or otherwise offset funds obtained or retained by such nonprofit provider through loan forgiveness. For purposes of this subsection “attempt to recover or otherwise offset” means reductions in contracted amounts for the same or similar services from the contract period before such loan forgiveness to the next contract period or demands for reimbursement of state funds from such providers in the amount of any loan forgiveness.
(June Sp. Sess. P.A. 21-2, S. 337.)
History: June Sp. Sess. P.A. 21-2 effective June 23, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-217. - Standards. Written procedures. Requests for proposals.

(a) Not later than March 1, 1994, the Secretary of the Office of Policy and Management shall establish standards for state agencies to follow in entering into personal service agreements. The standards shall include, but not be limited to, provisions for: (1) Evaluating the need to use a personal service agreement, (2) developing a request for proposals, (3) advertising for personal service contractors, (4) evaluating submitted proposals, (5) selecting a personal service contractor, including compliance with section 4a-60g, (6) systematically monitoring and evaluating personal service contractor performance, (7) documenting the entire process for selecting and managing personal service contractors and (8) carrying out any other aspect of such process.
(b) Not later than May 1, 1994, each state agency shall: (1) Establish written procedures for implementing the standards established by the secretary under subsection (a) of this section, and (2) submit such procedures to the secretary for his approval. If the secretary disapproves an agency's procedures he shall return the procedures to the agency with recommendations for revisions. On and after July 1, 1994, no state agency may execute a personal service agreement unless the secretary has approved procedures established by the agency under this section.
(c) A request for proposals issued under section 4-214, 4-215 or 4-216 shall include, but not be limited to, an outline of the work to be performed, the required minimum qualifications for the personal service contractor, criteria for review of proposals by the state agency, the format for proposals and the deadline for submitting proposals. Each state agency which prepares a request for proposals shall establish a screening committee to evaluate the proposals submitted in response to the request for proposals. The screening committee shall rank all proposals in accordance with the criteria set forth in the request for proposals and shall submit the names of the top three proposers to the executive head of the agency, who shall select the personal service contractor from among such names.
(P.A. 93-336, S. 6, 13.)
History: P.A. 93-336 effective June 29, 1993.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-219. - Amendments to personal service agreements.

No state agency may, without the approval of the secretary, execute (1) an amendment to a personal service agreement, which agreement has an original cost of more than fifty thousand dollars, or (2) an amendment to any other personal service agreement, which amendment (A) has a cost of one hundred per cent or more of the cost of the original agreement, (B) increases the cost of the agreement to more than fifty thousand dollars, (C) extends the terms of the agreement beyond a one-year period or (D) is the second or subsequent amendment to the agreement. The secretary shall approve or disapprove a proposed amendment within fifteen business days after receiving it and any necessary supporting information, provided if the secretary does not act within such fifteen-day period the application shall be deemed to have been approved.
(P.A. 93-336, S. 8, 13; 93-435, S. 85, 95; P.A. 96-268, S. 19, 34.)
History: P.A. 93-336 effective June 29, 1993; P.A. 93-435 amended the section by adding “any and necessary supporting information” to Subdiv. (2), effective June 28, 1993; P.A. 96-268 added provisions re expansion of the secretary's authority to review amendments, replaced “ten” with “fifteen” and “ten-day” with “fifteen-day” re time limit for approval or disapproval of agreement amendments and made a technical correction, effective July 1, 1996.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55b - Single Audits and Program-Specific Audits for Recipients of State Financial Assistance › Section 4-234. - Audits in lieu of financial or financial and compliance audits. Additional audits.

(a) An audit conducted in accordance with sections 4-230 to 4-236, inclusive, shall be in lieu of any financial or financial and compliance audit of state financial assistance programs which a nonstate entity is required to conduct under any other state law or regulation. To the extent that such audit provides a state agency with the information it requires to carry out its responsibilities under state law or regulations, a state agency shall rely upon and use such information and plan and conduct its own audits accordingly in order to avoid a duplication of effort.
(b) Notwithstanding the provisions of subsection (a) of this section, a state agency shall conduct any additional audits which it deems necessary to carry out its responsibilities, upon a written determination by the executive authority of the agency, based on evidence of fiscal irregularities or noncompliance with applicable laws and regulations, and after consulting with the cognizant agency. The provisions of sections 4-230 to 4-236, inclusive, do not authorize a cognizant agency or any nonstate entity, or any subrecipient thereof, to constrain, in any manner, such state agency from carrying out such additional audits. As used in this subsection and subsection (d) of this section, “executive authority” shall be construed as defined in section 4-37e.
(c) The provisions of sections 4-230 to 4-236, inclusive, do not (1) limit the authority of state agencies to conduct, or enter into contracts for the conduct of, audits and evaluations of state financial assistance programs or (2) limit the authority of any state agency auditor or other state audit official.
(d) A state agency that performs or contracts for audits in addition to the audits conducted for recipients of state financial assistance pursuant to sections 4-230 to 4-236, inclusive, shall, consistent with other applicable law, pay for the cost of such additional audits. Such additional audits may include, but shall not be limited to, economy and efficiency audits, program results audits and program evaluations. The state agency shall use the results of the single audit as a basis for any additional requirements, and shall not duplicate the single audit unless the executive authority of such agency determines in writing that such duplication is necessary.
(P.A. 91-401, S. 5, 20; P.A. 98-143, S. 21, 24.)
History: P.A. 98-143 substituted “nonstate entity” for “municipality, audited agency or nonprofit agency” in Subsecs. (a) and (b), amended Subsec. (a) by substituting “state financial assistance programs” for “an individual state assistance program” and deleted former Subsec. (e) re requirement that audits be conducted in conjunction with federal Single Audit Act, effective June 4, 1998, and applicable to audits conducted for fiscal years commencing on and after July 1, 1998.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55b - Single Audits and Program-Specific Audits for Recipients of State Financial Assistance › Section 4-236. - Regulations.

(a) The secretary shall, in consultation with the Auditors of Public Accounts, appropriate state officials and representatives of nonstate entities, adopt regulations pursuant to the provisions of chapter 54 to implement the provisions of sections 4-230 to 4-235, inclusive.
(b) The secretary shall also adopt regulations, in accordance with the provisions of chapter 54, (1) concerning the recovery of grant funds based on audit findings, as the secretary deems appropriate for any grantee which is found as a result of an audit to not be in compliance with the standards established pursuant to section 4-233, and (2) establishing uniform standards which prescribe the cost accounting principles to be used in the administration of state financial assistance by the recipients of such assistance.
(P.A. 91-401, S. 7, 20; P.A. 98-143, S. 23, 24; P.A. 00-125, S. 1, 2.)
History: P.A. 98-143 amended Subsec. (a) by substituting “state officials and representatives of nonstate entities” for “state, municipal and audited agency officials and representatives of nonprofit agencies” and deleting criteria required to be included in regulations, effective June 4, 1998, and applicable to audits conducted for fiscal years commencing on and after July 1, 1998; P.A. 00-125 amended Subsec. (a) to make a technical change, and amended Subsec. (b) to make existing language re regulations Subdiv. (1) and to add Subdiv. (2) re cost accounting principles, effective May 26, 2000.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55c - Large State Contracts: Certifications › Section 4-250. - Definitions.

As used in sections 4-250 to 4-252, inclusive:
(1) “Gift” has the same meaning as provided in section 1-79, except that the exclusion in subparagraph (L) of subdivision (5) of section 1-79 for a gift for the celebration of a major life event does not apply;
(2) “Quasi-public agency”, “public official” and “state employee” have the same meanings as provided in section 1-79;
(3) “State agency” means any office, department, board, council, commission, institution or other agency in the executive, legislative or judicial branch of state government;
(4) “Large state contract” means an agreement or a combination or series of agreements between a state agency or a quasi-public agency and a person, firm or corporation, having a total value of more than five hundred thousand dollars in a calendar or fiscal year, for (A) a project for the construction, alteration or repair of any public building or public work, (B) services, including, but not limited to, consulting and professional services, (C) the procurement of supplies, materials or equipment, (D) a lease, or (E) a licensing arrangement. The term “large state contract” does not include a contract between a state agency or a quasi-public agency and a political subdivision of the state;
(5) “Principals and key personnel” means officers, directors, shareholders, members, partners and managerial employees; and
(6) “Participated substantially” means participation that is direct, extensive and substantive, and not peripheral, clerical or ministerial.
(P.A. 04-245, S. 2; P.A. 07-213, S. 2; P.A. 13-244, S. 23.)
History: P.A. 04-245 effective June 1, 2004; P.A. 07-213 amended Subdiv. (4) to redefine “large state contract” by replacing “having a total cost to such state agency or quasi-public agency” with “having a total value”, effective July 10, 2007; P.A. 13-244 replaced reference to Sec. 1-79(e)(12) with reference to Sec. 1-79(5)(L) in Subdiv. (1) and made technical changes.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55c - Large State Contracts: Certifications › Section 4-252a. - Certification re whether making certain investments in Iran.

(a) For purposes of this section, “state agency” and “quasi-public agency” have the same meanings as provided in section 1-79, “large state contract” has the same meaning as provided in section 4-250 and “entity” means any corporation, general partnership, limited partnership, limited liability partnership, joint venture, nonprofit organization or other business organization whose principal place of business is located outside of the United States, but excludes any United States subsidiary of a foreign corporation.
(b) No state agency or quasi-public agency shall enter into any large state contract, or amend or renew any such contract with any entity unless such contract contains a certification that such entity has not made a direct investment of twenty million dollars or more in the energy sector of Iran on or after October 1, 2013, as described in Section 202 of the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010, and has not increased or renewed such investment on or after said date.
(c) Each state agency and quasi-public agency shall include in the bid specifications or request for proposals for a large state contract a notice of the certification requirements of this section.
(d) Any entity that makes a good faith effort to determine whether such entity has made an investment described in subsection (b) of this section shall not be subject to the penalties of false statement pursuant to this section. A “good faith effort” for purposes of this subsection includes a determination that such entity is not on the list of persons who engage in certain investment activities in Iran created by the Department of General Services of the state of California pursuant to Division 2, Chapter 2.7 of the California Public Contract Code. Nothing in this subsection shall be construed to impair the ability of the state agency or quasi-public agency to pursue a breach of contract action for any violation of the provisions of the contract.
(e) The provisions of this section shall not apply to any contract of the Treasurer as trustee of the Connecticut retirement plans and trust funds, as defined in section 3-13c, provided nothing in this subsection shall be construed to prevent the Treasurer from performing his or her fiduciary duties under section 3-13g.
(P.A. 13-162, S. 1; P.A. 21-76, S. 3.)
History: P.A. 21-76 amended Subsec. (b) by deleting former Subdiv. (1) re failure to submit written certification re direct investment, former Subdiv. (2) re submission of certification indicating an investment and provision re sworn certification, adding provision re contract containing certification of no direct investment and changing “or has” to “and has not”, amended Subsec. (c) by deleting provision re submission of certification prior to submission of bid or proposal and amended Subsec. (d) by making a technical change, effective July 1, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55d - Public-Private Partnerships › Section 4-255. - Public-private partnerships. Definitions.

(a) As used in this section and sections 4-256 to 4-264, inclusive, unless the context indicates a different meaning:
(1) “Department” means the Department of Transportation;
(2) “Private entity” means any individual, corporation, general partnership, limited partnership, limited liability partnership, joint venture, nonprofit organization or other business entity;
(3) “Public-private partnership” means the relationship established between the department and a private entity by contracting for the performance of any combination of specified functions or responsibilities to design, develop, finance, construct, operate or maintain one or more state facilities;
(4) “Partnership agreement” means an agreement executed between the department and a private entity to establish a public-private partnership;
(5) “Project” means a project that the department has submitted to the Governor for approval as a public-private partnership;
(6) “Contractor” means a private entity that has entered into a public-private partnership agreement with the department;
(7) “Facility” means any transportation project used as public infrastructure;
(8) “Proposer” means a private entity submitting a competitive bid in response to solicitation or a proposal in response to a request for proposals for an approved project for consideration; and
(9) “Consultant” has the same meaning as provided in section 13b-20b.
(b) Notwithstanding the provisions of section 4b-51, once the project is approved by the Governor in accordance with section 4-256, the department may establish one or more public-private partnerships and execute a partnership agreement for a project in accordance with this section and sections 4-256 to 4-264, inclusive. A partnership agreement may not be established for the operation or maintenance of a facility unless such agreement also provides for the financing and development of such facility.
(c) The design, development, operation or maintenance of new or existing project types involving transportation systems, including transit-oriented development and related infrastructure, are eligible for consideration as a public-private partnership if approved as a project in accordance with section 4-256.
(Oct. Sp. Sess. P.A. 11-1, S. 80; P.A. 21-99, S. 1.)
History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; P.A. 21-99 amended Subsecs. (a) and (b) to replace reference to Sec. 4-263 with reference to Sec. 4-264, further amended Subsec. (a) to delete former Subdiv. (1) defining “state agency”, add new Subdiv. (1) defining “department” and make conforming changes, redefine “public-private partnership” in Subdiv. (3), redefine “facility” in Subdiv. (7) and add Subdiv. (9) defining “consultant”, further amended Subsec. (b) to make a conforming change, and amended Subsec. (c) to delete “the following”, add “involving transportation systems, including transit-oriented development and related infrastructure,” and delete former Subdivs. (1) to (3) re project types, effective June 28, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55d - Public-Private Partnerships › Section 4-257. - Prequalification and requirements for private entities.

(a) Notwithstanding the provisions of section 4b-91 and chapter 242, the department shall, when it determines appropriate, provide for a process of prequalification for private entities seeking to enter a public-private partnership. Any such process shall include public notice of the prequalification process and the requirements and the criteria the department will use in determining whether the private entity qualifies for prequalification. If the department has determined that such a prequalification process is appropriate for the project, the department shall allow only prequalified private entities to be a proposer. The department may charge a reasonable application fee for prequalification.
(b) In addition to any requirements set forth in the request for proposals, request for qualifications or bid solicitation for a project, in order to be prequalified, a private entity shall:
(1) Have available such lawful sources of funding, capital, securities or other financial resources that, in the judgment of the department in consultation with the Department of Economic and Community Development, are necessary to carry out the project if such private entity is selected as the contractor;
(2) Possess either through its staff, subcontractors, a consortium or joint venture agreement the managerial, organizational, technical capacity and experience in the type of project for which the proposer is submitting a bid proposal;
(3) Be qualified to lawfully conduct business in this state; and
(4) Certify that no director, officer, partner, owner or other individual with direct and significant control over the policy of the private entity has been convicted of corruption or fraud in any jurisdiction of the United States.
(Oct. Sp. Sess. P.A. 11-1, S. 82; P.A. 21-99, S. 4.)
History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; P.A. 21-99 replaced references to agency with references to department, amended Subsec. (a) to add “seeking to enter a public-private partnership” and to make a conforming change, and amended Subsec. (b) to delete “public-private partnership”, effective June 28, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55d - Public-Private Partnerships › Section 4-260. - Funding of public-private partnerships.

The department or the state may apply for and accept funds from local or federal government and other sources of financial aid to further the purposes of sections 4-255 to 4-264, inclusive, and to fund public-private partnerships entered into in accordance with said sections.
(Oct. Sp. Sess. P.A. 11-1, S. 85; P.A. 21-99, S. 7.)
History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; P.A. 21-99 replaced “state agency” with “department” and reference to Sec. 4-263 with reference to Sec. 4-264, effective June 28, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55d - Public-Private Partnerships › Section 4-261. - Prevailing wage requirements or project labor agreement. Compliance with state and local requirements. Agreements re operations or maintenance of state facilities.

(a) Each project shall either be subject to the prevailing wage requirements pursuant to section 31-53 or the rate established by the use of a project labor agreement. The department shall provide notice of which requirement applies prior to soliciting bids or proposals for such project.
(b) Each project shall comply with: (1) The state's environmental policy requirements as set forth in sections 22a-1 and 22a-1a, (2) the requirements of the set-aside program for small contractors as set forth in section 4a-60g, and (3) any applicable permitting or inspection requirements for projects of a similar type, scope and size as set forth in the general statutes or the local ordinances of the municipality where the project is to be located.
(c) The department shall comply with the provisions of section 4e-16, provided, notwithstanding the provisions of subsection (a) of section 4e-16, if the department enters into a partnership agreement concerning the operations or maintenance of a state facility that meets the definition of a privatization contract, as defined in section 4e-1, the department shall be subject to the requirements of section 4e-16 regardless of whether such services are currently privatized.
(Oct. Sp. Sess. P.A. 11-1, S. 86; P.A. 21-99, S. 8.)
History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; P.A. 21-99 replaced references to agency with references to department, amended Subsecs. (a) and (b) to replace “public-private partnership project” with “project”, and amended Subsec. (c) to replace reference to agency subject to Sec. 4e-16 with “The department” and make conforming changes, effective June 28, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55d - Public-Private Partnerships › Section 4-262. - Remedies re material default by contractor. Department authority.

(a) In addition to any other remedy available to the state, in the event of a material default by the contractor, the state may elect to assume the responsibilities and duties of the contractor of the project, and in such case, the state shall succeed to all of the rights, title and interest in such project, subject to any liens on revenue previously granted by the contractor to any person providing financing thereof.
(b) The department may exercise the power of condemnation to acquire the project in the event of a material default by the contractor. Any person who has provided financing for the project, and the contractor, to the extent of its capital investment, may participate in the condemnation proceedings with the standing of a property owner.
(c) The department may terminate, with cause, the partnership agreement and exercise any other rights and remedies that may be available to it at law or in equity.
(d) The state may make or cause to be made any appropriate claims under the maintenance, performance or payment bonds, or lines of credit, as set forth in the partnership agreement.
(e) In the event the state elects to assume the responsibility and duties of a project pursuant to subsection (a) of this section, the department may develop or operate the project, impose user fees, impose and collect lease payments for the use thereof and comply with any service contracts as if it were the contractor. Any revenue that is subject to a lien shall be collected for the benefit of and paid to secured parties, as their interests may appear, to the extent necessary to satisfy the contractor's obligations to secured parties, including the maintenance of reserves. Such liens shall be correspondingly reduced and, when paid off, released. Before any payments to, or for the benefit of, secured parties, the department may use revenue to pay current operation and maintenance costs of the qualifying project, including compensation to the department for its services in operating and maintaining the project. The right to receive such payment, if any, shall be considered just compensation for the project. The full faith and credit of the department shall not be pledged to secure any financing of the contractor by the election to take over such project. The assumption of the operation of the project shall not obligate the department to pay any obligation of the contractor from sources other than revenue.
(Oct. Sp. Sess. P.A. 11-1, S. 87; P.A. 21-99, S. 9.)
History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; P.A. 21-99 amended Subsecs. (a), (b) and (e) to replace “public-private partnership” and “partnership project” with “project”, further amended Subsec. (b) to replace reference to state agency with power of condemnation with “The department” and make a technical change, and amended Subsecs. (c) and (e) to replace “agency” with “department”, effective June 28, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55d - Public-Private Partnerships › Section 4-263. - Exemption from municipal property tax.

Any state property developed, operated or held by a private entity pursuant to a partnership agreement shall be exempt from municipal property tax.
(Oct. Sp. Sess. P.A. 11-1, S. 88; P.A. 21-99, S. 10.)
History: Oct. Sp. Sess. P.A. 11-1 effective October 27, 2011; P.A. 21-99 added “state”, effective June 28, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55d - Public-Private Partnerships › Section 4-264. - Commissioner's duties re development and inspection services. Use of department employees and consultants. Reports.

(a) As used in this section, “development and inspection services” has the same meaning as described in subsection (a) of section 13a-95c.
(b) For any public-private partnership, the Commissioner of Transportation shall make best efforts to perform development and inspection services using, where such employees are available, department employees and reducing, and where possible eliminating, the dependency on consultants. Any contract the department enters into with a consultant to perform development and inspection services with regards to a public-private partnership shall contain a provision that provides for training department employees in the process for bidding and managing public-private partnerships. Employees may be appointed to durational positions to reduce the need for development and inspection services to be performed by consultants. Such employees may be appointed as engineers to durational positions without examination provided such employees have met the education, knowledge and training requirements required by the Department of Administrative Services job classification.
(c) Not later than February first of each year following the establishment of a public-private partnership, and annually thereafter, the department, in consultation with representatives selected by the exclusive bargaining agents of the department's employees, shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation that analyzes the progress of any public-private partnerships and the performance of development and inspection services by any consultant. If the report finds that a consultant is unable to complete such services within the timeframe or amount budgeted as stated in the agreement with the consultant, the department may terminate the agreement and exercise any other rights and remedies that may be available to it at law or in equity.
(d) Not later than six months after the completion of any public-private partnership, the department, in consultation with representatives selected by the exclusive bargaining agents of the department's employees, shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation that evaluates the effectiveness of the public-private partnership and makes recommendations regarding the continued use of public-private partnerships.
(P.A. 21-99, S. 3.)
History: P.A. 21-99 effective June 28, 2021.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-276. - Attorney General's investigation of prohibited acts. Civil action.

The Attorney General may investigate any violation of subsection (a) of section 4-275. Any information obtained pursuant to such an investigation shall be exempt from disclosure under section 1-210. If the Attorney General finds that a person has violated or is violating any provision of subsection (a) of section 4-275, the Attorney General may bring a civil action in the superior court for the judicial district of Hartford under this section in the name of the state against such person.
(P.A. 14-217, S. 3.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-277. - Civil action by individual. Consent for withdrawal. Manner of service. Complaint under seal. Intervention by Attorney General.

(a) A person may bring a civil action in the superior court for the judicial district of Hartford against any person who violates subsection (a) of section 4-275, for the person who brings the action and for the state. Such civil action shall be brought in the name of the state. The action may thereafter be withdrawn only if the court and the Attorney General give written consent to the withdrawing of such action and their reasons for consenting.
(b) A copy of the complaint and written disclosure of substantially all material evidence and information the person who brings such action possesses shall be served on the state by serving the Attorney General in the manner prescribed in section 52-64. The complaint shall be filed in camera, shall remain under seal for at least sixty days and shall not be served on the defendant until the court so orders. The court, upon motion of the Attorney General, may, for good cause shown, extend the time during which the complaint remains under seal. Such motion may be supported by affidavits or other submissions in camera. Prior to the expiration of the time during which the complaint remains under seal, the Attorney General shall: (1) Proceed with the action in which case the action shall be conducted by the Attorney General, or (2) notify the court that the Attorney General declines to take over the action in which case the person bringing the action shall have the right to conduct the action.
(c) If the court orders the complaint to be unsealed and served, the court shall issue an appropriate order of notice requiring the same notice that is ordinarily required to commence a civil action. The defendant shall not be required to respond to any complaint filed under this section until thirty days after the complaint is served upon the defendant.
(d) If a person brings an action under this section, no person other than the state may intervene or bring a related action based on the facts underlying the pending action.
(P.A. 14-217, S. 4.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-279. - Civil action when Attorney General declines to proceed. Division of proceeds. Attorneys' fees and costs. Stay of discovery.

(a) If the Attorney General declines to proceed with the action, the person who brought the action shall have the right to conduct the action. In the event that the Attorney General declines to proceed with the action, upon the request of the Attorney General, the court shall order that copies of all pleadings filed in the action and copies of any deposition transcripts be provided to the state. When the person who brought the action proceeds with the action, the court, without limiting the status and rights of such person, may permit the Attorney General to intervene at a later date upon a showing of good cause.
(b) A person bringing an action under this section or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five per cent or more than thirty per cent of the proceeds of the action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All such expenses, fees and costs shall be awarded against the defendant.
(c) If a defendant prevails in the action conducted under this section and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious or brought primarily for purposes of harassment, the court may award reasonable attorneys' fees and expenses to the defendant.
(d) Irrespective of whether the Attorney General proceeds with the action, upon request and showing by the Attorney General that certain motions or requests for discovery by a person bringing the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty days from the date of the order of the stay. Such a showing shall be conducted in camera. The court may extend the stay for an additional sixty-day period upon a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. For the purposes of this subsection, the Chief State's Attorney or state's attorney for the appropriate judicial district may appear to explain to the court the potential impact of such discovery on a pending criminal investigation or prosecution.
(P.A. 14-217, S. 6.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-280. - Attorney General's pursuit of claim through alternate remedy.

Notwithstanding the provisions of section 4-277, the Attorney General may elect to pursue the state's claim through any alternate remedy available to the state, including any administrative proceeding to determine a civil penalty. If any such alternate remedy is pursued in another proceeding, the person bringing the action shall have the same rights in such proceeding as such person would have had if the action had continued under the provisions of sections 4-277 to 4-279, inclusive. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under sections 4-277 to 4-279, inclusive. A finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the state, if the time for filing such an appeal with respect to the finding or conclusion has expired or if the finding or conclusion is not subject to judicial review.
(P.A. 14-217, S. 7.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-281. - Civil action by individual who committed prohibited act. Reduction of proceeds.

Notwithstanding the provisions of sections 4-278 and 4-279, if the court finds that the action was brought by a person who planned and initiated the violation of subsection (a) of section 4-275, upon which violation an action was brought, then the court may reduce the share of the proceeds of the action that the person would otherwise receive under section 4-278 or 4-279, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If a person bringing the action is convicted of criminal conduct arising from his or her role in the violation of subsection (a) of section 4-275, such person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the Attorney General to continue the action.
(P.A. 14-217, S. 8.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-282. - Court's jurisdiction over civil actions brought by certain individuals. Duplicate actions.

(a) No court shall have jurisdiction over an action brought under section 4-277 (1) against a member of the General Assembly, a member of the judiciary or an elected officer or department head of the state if the action is based on evidence or information known to the state when the action was brought; or (2) that is based upon allegations or transactions that are the subject of a civil suit or an administrative civil penalty proceeding in which the state is already a party.
(b) Unless opposed by the state, the court shall dismiss an action or claim brought under section 4-277 if allegations or transactions that are substantially the same as those alleged in the action or claim were publicly disclosed (1) in a state criminal, civil or administrative hearing in which the state or its agent is a party, (2) in a report, hearing, audit or investigation conducted by the General Assembly, a committee of the General Assembly, the Auditors of Public Accounts, a state agency or quasi-public agency, or (3) by the news media, except the court shall not dismiss such action or claim if the action or claim is brought by the Attorney General or the person who is an original source of information.
(c) For purposes of this section, “original source” means an individual who (1) voluntarily discloses to the state information on which the allegations or transactions in an action or claim are based, prior to public disclosure of such information as described in subdivisions (1), (2) and (3) of subsection (b) of this section, or (2) has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and has voluntarily provided the information to the state before filing an action or claim under sections 4-276 to 4-280, inclusive.
(P.A. 14-217, S. 9.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-283. - State not liable for expenses.

The state of Connecticut shall not be liable for expenses which a person incurs in bringing an action under sections 4-277 to 4-280, inclusive.
(P.A. 14-217, S. 10.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-284. - Discrimination in employment prohibited. Remedies. Attorneys' fees and costs.

(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under sections 4-276 to 4-280, inclusive, or other efforts to stop one or more violations of section 4-275.
(b) Relief under subsection (a) of this section shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action under this section may be brought in the Superior Court for the relief provided in this section.
(c) A civil action under this section may not be brought more than three years after the date when the retaliation occurred.
(P.A. 14-217, S. 11.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-285. - Limitation of action. Pleadings upon state's intervention.

A civil action under sections 4-276 to 4-280, inclusive, may not be brought: (1) More than six years after the date on which the violation of subsection (a) of section 4-275 is committed, or (2) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation is committed, whichever last occurs. If the state elects to intervene and proceed with an action brought under sections 4-276 to 4-280, inclusive, the state may file its own complaint or amend the complaint of a person who has brought an action under sections 4-276 to 4-280, inclusive, to clarify or add detail to claims in which the state is intervening and to add any additional claim under which the state contends that it is entitled to relief. For statute of limitation purposes, any such state pleading shall relate back to the filing date of the complaint of the person who originally brought the action to the extent that the claim of the state arises out of the conduct, transactions or occurrences set forth or attempted to be set forth in the prior complaint of such person.
(P.A. 14-217, S. 12.)
History: P.A. 14-217 effective June 13, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55e - False Claims and Other Prohibited Acts Under State-Administered Health or Human Services Programs › Section 4-286. - Standard of proof.

In any action brought under sections 4-276 to 4-280, inclusive, the Attorney General or the person initiating such action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(P.A. 14-217, S. 13.)
History: P.A. 14-217 effective June 13, 2014.