Sec. 4-252a. Certification re whether making certain investments in Iran.
Sec. 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) “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) “Quasi-public agency” has the same meaning as provided in section 1-120;
(5) “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;
(6) “Principals and key personnel” means officers, directors, shareholders, members, partners and managerial employees; and
(7) “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; P.A. 23-37, S. 9.)
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; P.A. 23-37 amended Subdiv. (2) by deleting reference to “Quasi-public agency”, added new Subdiv. (4) defining “Quasi-public agency” and redesignated existing Subdivs. (4) to (6) as Subdivs. (5) to (7).
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Sec. 4-252a. Certification re whether making certain investments in Iran. (a) For purposes of this section, “state agency” has the same meaning as provided in section 1-79, “quasi-public agency” has the same meaning as provided in section 1-120, “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 deemed to be in breach of the contract or in violation of 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; P.A. 22-40, S. 8; P.A. 23-37, S. 10.)
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; P.A. 22-40 amended Subsec. (d) by replacing “subject to the penalties of false statement pursuant to” with “deemed to be in breach of the contract or in violation of”, effective July 1, 2022; P.A. 23-37 amended Subsec. (a) by replacing reference to the definition of “quasi-public agency” in Sec. 1-79 with the definition in Sec. 1-120.
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