Sec. 31-52. Preference to state citizens in construction of public buildings. Enforcement of violations.
Sec. 31-52. Preference to state citizens in construction of public buildings. Enforcement of violations. (a) In the employment of mechanics, laborers and workmen
in the construction, remodeling or repairing of any public building, by the state or any
of its agents or by persons contracting therewith, preference shall be given to citizens
of the state, and, if they cannot be obtained in sufficient numbers, then to citizens of
the United States. Any contractor who knowingly and wilfully employs any person in
violation of any provision of this subsection shall be fined two hundred dollars for each
week or fraction of a week each such person is so employed.
(b) Each contract for the construction or repair of any building under the supervision
of the state or any of its agents shall contain the following provisions: "In the employment
of labor to perform the work specified herein, preference shall be given to citizens of
the United States, who are, and continuously for at least three months prior to the date
hereof have been, residents of the labor market area, as established by the Labor Commissioner, in which such work is to be done, and if no such qualified person is available,
then to citizens who have continuously resided in the county in which the work is to be
performed for at least three months prior to the date hereof, and then to citizens of the
state who have continuously resided in the state at least three months prior to the date
hereof." In no event shall said provisions be deemed to abrogate or supersede, in any
manner, any provision regarding residence requirements contained in a collective bargaining agreement to which the contractor is a party.
(c) No person who receives an award or contract for public works projects from the
state, or who receives an order or contract for which a portion of funds is derived from
the state, shall knowingly employ nonresidents of the state while residents who may
qualify for such work are reasonably available for employment. In the employment of
nonresidents, the construction supervisor or construction inspector assigned to the public
works project shall verify that the contracting employer, by reasonable efforts, sought
to obtain construction job applicants from existing employment sources in Connecticut.
(d) The agent contracting on behalf of the state or any political subdivision thereof
shall investigate promptly any alleged violation of this section or section 31-52a. If said
agent finds evidence of such a violation, he shall immediately notify the alleged violator
of such evidence and allegations. If the alleged violator fails to take corrective action
within one week, or to produce evidence which satisfies said agent that no violation has
occurred, said agent shall (1) institute a civil action to recover as liquidated damages
for the violation of the contract an amount equal to the wages paid to any employees
employed in violation of this section or section 31-52a and cost of suit, including reasonable attorney's fees and (2) notify the office of the state's attorney in the judicial district
for the area in which such work was performed so that appropriate criminal action may
be instituted against the alleged violator.
(e) In contracts so financed preference in employment shall be given to citizens of
the United States or any possession thereof.
(f) Nothing in this section shall abrogate or supersede any provision regarding residence requirements in a collective bargaining agreement to which the contractor is a
party.
(1949 Rev., S. 7371; 1967, P.A. 757, S. 1; P.A. 78-280, S. 68, 127; P.A. 83-530, S. 2, 3; 83-552, S. 2; P.A. 97-263, S. 13.)
History: 1967 act clarified provisions and specified that $100 fine applies for each week or fraction of a week during
which a person is employed in violation of Subsec. (a) where previously $100 fine was the maximum fine for each offense,
substituted labor market areas for towns under Subsec. (b) and added Subsecs. (c) to (e) re employment of state residents
in preference to nonresidents, hiring preference to U.S. citizens and procedure to be followed in investigation of and action
on violations; P.A. 78-280 required notification of state's attorney in the appropriate judicial district rather than notification
of prosecuting attorney in the appropriate circuit, circuit courts having been abolished pursuant to P.A. 76-436, under
Subsec. (d)(2); P.A. 83-530 added a new Subsec. (f) prohibiting this section from abrogating or superseding any residence
requirement in a collective bargaining agreement to which the contractor is a party; P.A. 83-552 amended Subsec. (b) to
provide that collective bargaining agreement is not superseded by preference provisions of contract; P.A. 97-263 amended
Subsec. (a) to increase amount of fine from $100 to $200.
See Sec. 7-112 re applicability of this section to construction, remodeling, etc. of public buildings by political subdivisions of state.
Commissioner's duty under statute is carried out when he has caused proper preference clause to be inserted in contract.
26 CS 384.