SB 494 — AN ACT REQUIRING STATE CONTRACTORS AND UNIONS TO ADOPT A SEXUAL HARASSMENT POLICY.

General Assembly   RaisedSubstitute Bill No.

494 February Session, 2018   LCO*_____SB00494GAE___032618____* No.AN ACT REQUIRING STATE CONTRACTORS AND UNIONS TO ADOPT A SEXUAL HARASSMENT POLICY.

2599   *02599_______GAE* Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS   Introduced by:

  (GAE)   AN ACT REQUIRING STATE CONTRACTORS AND UNIONS TO ADOPT A SEXUAL HARASSMENT POLICY.

(NEW) (Effective October 1, 2018, and applicable to solicitations and requests for proposals or qualifications noticed on andor after said date) (a) For the purposes of this section:

(1) "Contractor" means a person or business entity submittingwith three or more employees who submits a competitive bid or proposal in response to a solicitation of a state agency;

(2) "State agency" means each state board, commission, department, office, institution, council or other agency with the power to contract for goods or services,services itself or through its head;

Each contractor responding to a state agency's solicitation of bids for a contract for goods or services or a public works contract shall provide to the state agency a copysworn ofaffidavit concerning its sexual harassment policy, in accordance with subsection (d) of this section.

(2) Notice that sexual harassment is prohibited by the state pursuant to subdivision (8) of subsection (a)(b) of section 46a-60 of the general statutes;

(5) A statement that Connecticut law requiresprovides that a formal written complaint may only be filed with the commission within one hundred eighty days of the date when the alleged sexual harassment occurred;

(6) A statement concerning the employer'scontractor's policies and procedures regarding sexual harassment and a statement concerning the disciplinary action that may be taken if sexual harassment has been committed;

(7) A contact person at the contractor's place of employment to whom an employee can report complaints of sexual harassment or direct questions or concerns regarding sexual harassment;

(d) When responding to a state agency solicitation for competitive bids or request for proposals or qualifications for a contract for goods or services or a public works contract, the contractor shall provide the awarding state agency with anyan oneaffidavit bearing notice that it is signed under penalty of false statement and signed by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the following:company or corporate policy of the contractor includes, at a minimum, the sexual harassment policy requirements set forth in subsection (b) of this section and is in effect on the date the affidavit is signed.

(1)(e) DocumentationNo instate theagency formshall ofaward a companycontract orfor corporategoods policyor adoptedservices by resolution of the board of directors, shareholders, managers, members or othera governingpublic bodyworks ofcontract suchto a contractor thatwho includes,has atnot aprovided minimum, the sexualaffidavit harassmentrequired policyunder requirements set forth in subsection (b)(d) of this section;section.

(2)After Documentation in the forminitial ofsubmission a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractoraffidavit, if (A) the priorcontractor resolutionshall isnot certifiedbe byrequired ato dulyresubmit authorized corporate officer of such contractoraffidavit tounless bethere in effect on the date the documentation is submitted, and (B) the head of the awarding state agency, or a designee,change certifiesin that the priorinformation resolutioncontained includes, at a minimum, the sexual harassment policy requirements set forth in subsectionsuch (b)affidavit. of this section;

orIf (3)there Documentation in the form of an affidavit bearing notice that it is signedany underchange penaltyin ofthe falseinformation statementcontained andin signedthe bymost arecently chieffiled executiveor officer,updated president,affidavit, chairpersonthe orcontractor othershall corporatesubmit officeran dulyupdated authorizedaffidavit, toeither adopt(1) companynot orlater corporatethan policythirty thatdays certifiesafter that the companyeffective ordate corporate policy of thesuch contractorchange, includes,or at(2) aupon minimum, the sexualexecution harassment policy requirements set forth in subsection (b) of thisa sectionnew andcontract iswith in effect on the dateawarding thestate affidavitagency, whichever is signed.earlier.

(e)Such Nocontractor stateshall agencyalso shallcertify awardto athe contractawarding forstate goodsagency, ornot serviceslater orthan afourteen publicdays worksafter contractthe totwelve-month aanniversary contractorof whothe hasmost notrecently providedfiled affidavit or updated affidavit, that the representationaffidavit oron documentationfile requiredwith underthe subsectionawarding (d)state ofagency thisis section.current and accurate.

After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation.

If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (1) not later than thirty days after the effective date of such change, or (2) upon the execution of a new contract with the awarding state agency, whichever is earlier.

Such contractor shall also certify to the awarding state agency not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the awarding state agency is current and accurate.

(f) Each contractor shall provide two hours of training and education to all supervisory employees within one year of October 1, 2018, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such employees after October 1, 2018, shall not be required to provide such training and education a second time.

Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.

Subsection (c) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to applications made on andor after said date):

[and] (6) AIf copythe applicant has three or more employees, an affidavit bearing notice that it is signed under penalty of false statement and signed by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the applicant'scompany or corporate policy of the contractor includes a sexual harassment policy,policy and is in accordanceeffect withon sectionthe 1date ofthe thisaffidavit act;is signed;

(NEW) (Effective October 1, 2018) (a) Each labor organization, as defined in section 46a-51 of the general statutes, that has three or more employees, shall adopt a sexual harassment policy.

(2) Notice that sexual harassment is prohibited by the state pursuant to subdivision (8) of subsection (a)(b) of section 46a-60 of the general statutes;

(5) A statement that Connecticut law requiresprovides that a formal written complaint may only be filed with the commission within one hundred eighty days of the date when the alleged sexual harassment occurred;

(6) A statement concerning the employer'sorganization's policies and procedures regarding sexual harassment and a statement concerning the disciplinary action that may be taken if sexual harassment has been committed;

(b) Each labor organization shall provide two hours of training and education to all supervisory employees within one year of October 1, 2018, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such employees after October 1, 2018, shall not be required to provide such training and education a second time.

Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.

Section 1 October 1, 2018, and applicable to solicitations and requests for proposals or qualifications noticed on andor after said date New section Sec.

2 October 1, 2018, and applicable to applications made on andor after said date 4a-100(c) Sec.

ToIn requireSections state1 contractorsand 2, the effective dates were clarified, in Sections 1(b)(2) and unions3(2) "(a)" was changed to adopt"(b)" afor sexualaccuracy harassmentand policy.Sections 1(b)(5) and 3(5) were reworded for clarity.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] GAE Joint Favorable Subst.