Connecticut 2022 Regular Session Status: Enacted Bipartisan · 32 D · 5 R cosponsors

SB 5 — AN ACT CONCERNING ONLINE DATING OPERATORS, THE CREATION OF A GRANT PROGRAM TO REDUCE OCCURRENCES OF ONLINE ABUSE AND THE PROVISION OF DOMESTIC VIOLENCE TRAINING AND PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2022. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 58 sponsors

    58 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (32 D · 5 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill establishes requirements for online dating services regarding user safety and background checks.

The bill mandates that online dating operators notify Connecticut users about criminal background checks and provide safety guidelines. It also allows the Department of Consumer Protection to issue fines for violations.

What this means for you
  • Consumers: Users of online dating services in Connecticut will receive important safety and background check information.

Bill Text

What changed in the latest version

1047 added · 1105 removed

1047 line(s) added, 1105 removed.

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General Assembly Substitute Bill No.
Substitute Senate Bill No.
5 February Session, 2022 AN ACT CONCERNING ONLINE DATING OPERATORS, ONLINE CHILD GROOMING AND HARASSMENT, DOMESTIC VIOLENCE TRAINING AND PROTECTIONS FOR VICTIMS OF FAMILY VIOLENCE AND DOMESTIC VIOLENCE.
5 Public Act No.
22-82 AN ACT CONCERNING ONLINE DATING OPERATORS, THE CREATION OF A GRANT PROGRAM TO REDUCE OCCURRENCES OF ONLINE ABUSE AND THE PROVISION OF DOMESTIC VIOLENCE TRAINING AND PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE.
(NEW) (Effective October 1, 2022) (a) As used in this section and sections 2 to 4, inclusive, of this act:
(NEW) (Effective October 1, 2022) As used in this section and sections 2 to 5, inclusive, of this act:
(1) "Online dating" means the act of using software applications to initiate relationships with other individuals for the purpose of romance, sex or marriage.
(1) "Connecticut user" means a user who provides a Connecticut home address or zip code when registering with an online dating operator or a user who is known or determined by an online dating operator or its online dating platform to be in Connecticut at the time of registration;
(2) "Online dating operator" means a person who operates a software application designed to facilitate online dating.
(2) "Criminal background screening" means a name search for an individual's history of criminal convictions that is conducted by searching an (A) available and regularly updated government public record database that in the aggregate provides national coverage for searching an individual's history of criminal convictions;
(3) "User" means an individual who uses the online dating services of an online dating operator.
or (B) a regularly updated database maintained by a private vendor that provides national coverage for searching an individual's history of criminal convictions and sexual offender registries;
(b) On and after October 1, 2022, prior to a user being permitted to utilize an online dating software application, the online dating operator shall require the user to establish an online dating account.
Substitute Senate Bill No.
In order to establish an online dating account, the online dating operator shall:
5 (3) "Criminal conviction" means a conviction for a crime in this state, another state, or under federal law;
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(4) "Online dating" means the act of using a digital service to initiate relationships with other individuals for the purpose of romance, sex or marriage;
5 (1) Create an electronic user file, which file shall minimally include:
(5) "Online dating operator" means a person who operates a software application designed to facilitate online dating;
(A) The user's legal name;
(6)"Online dating platform"meansadigitalservice designedto allow users to interact through the Internet to participate in online dating;
(B) The user's date of birth;
and (7) "User" means an individual who uses the online dating services of an online dating operator.
(C) The entire or last four digits of the user's Social Security number or an equivalent identification number for a foreign user, such as the user's passport number or taxpayer identification number;
(D) The user's address;
(E) The user's electronic mail address;
(F) The user's telephone number;
(G) Any other information collected from the user used to verify the user's identity;
(H) The method used to verify the user's identity;
and (I) The date of verification.
(2) Encrypt all confidential information contained in an electronic user file;
(3) Verify the user's identity in accordance with section 2 of this act or through an alternative methodology for remote multi-sourced authentication, which may include third-party and governmental databases, that may be approved by the Department of Consumer Protection;
and (4) Record the user's certification that the information provided to the online dating operator by the user is accurate.
(c) Each online dating account shall be (1) nontransferable, and (2) unique to the user who establishes the account.
(d)Onlinedatingoperatorsshallmaintainelectronicuserfilesfortwo LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0002 of 33 R03-SB.docx } Substitute Bill No.
5 years after the date of termination of an online dating account and shall destroy all copies of the electronic user file after such two-year period expires.
(NEW) (Effective October 1, 2022) (a) On and after October 1, 2022, prior to an individual being allowed to open an online dating account, an online dating operator shall conduct a comprehensive identity check of such individual.
(NEW) (Effective October 1, 2022) (a) An online dating operator that does not conduct a criminal background screening on each user shall, before permitting a Connecticut user to communicate through the online dating platform with another user, provide the Connecticut user with a clear and conspicuous notification that the online dating operator does not conduct a criminal background screening on each user.
An online dating operator may contract with a third party for identity verification of any individual seeking to open an online dating account.
(b) An online dating operator that offers services to residents of this state and conducts a criminal background screening on each user shall, before permitting a Connecticut user to communicate through the platform with another user:
(b) The comprehensive identity check shall minimally include an identity search of the individual's name, date of birth, address and last four digits of the individual's Social Security number or an equivalent identification number for a foreign user.
(1) Provide to the Connecticut user with a clear and conspicuous notification indicating that the online dating operator conducts a criminal background screening on each user, which notification shall include a statement of whether the platform excludes an individual who is identified as having a criminal conviction and a statement that a criminal background screening may:
Prior to establishing the online dating account, an online dating operator shall utilize identity authentication questions that require an individual who seeks to use the online dating service to provide information known only to the individual, such as previous addresses or credit transactions, unless an alternate method of authentication of equal or greater security and effectiveness is approved, in writing, by the Department of Consumer Protection.
(A) Be inaccurate or incomplete;
(B) give a user a false sense of security;
and (C) be circumvented by an individual who has a criminal history;
and (2) include on the online dating platform a notification containing the Public Act No.
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5 information described in subdivision (1) of this subsection.
(NEW) (Effective October 1, 2022) On and after October 1, 2022, online dating operators shall develop their online dating services to maintain the security and confidentiality of participation and all information in an electronic user file, except such information shall be disclosed in response to a lawful subpoena, summons, warrant or court order.
(NEW) (Effective October 1, 2022) (a) An online dating operator that offers services to residents of this state shall clearly and conspicuously provide a safety awareness notification on the online dating platform to all Connecticut users that includes a list of safety measures reasonably designed to increase awareness of safer online dating practices.
Sec.
(b) A safety awareness notification described in subsection (a) of this section shall include the following statements in substantially similar form:
(1) "Use caution when communicating with a stranger who wants to meet you.";
(2) "You should not include your last name, electronic mail address, home address, phone number or any other identifying information in your online dating profile or electronic mail messages or communications until you feel comfortable with the other user.
Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to coerce you into revealing such information.";
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(3) "If you choose to have a face-to-face meeting with another user who you met on the online dating platform, tell a family member or friend where you will be meeting and when you will return.
You should not agree to be picked up at your home.
Always provide your own transportation to and from your date and meet in a public place with many people around.";
and (4) "Anyone who is able to commit identity theft can also falsify a dating profile." Sec.
(NEW) (Effective October 1, 2022) (a) The Department of Consumer Protection may issue fines of not more than twenty-five thousand dollars per violation, accept an offer in compromise, or take other actions permitted by the general statutes or the regulations of Connecticut state agencies if an online dating operator fails to collect, keep confidential or disclose information in accordance with the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00003 of 33 R03-SB.docx } Substitute Bill No.
(NEW) (Effective October 1, 2022) An online dating operator Public Act No.
5 provisions of sections 1 to 3, inclusive, of this act.
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(b)TheCommissioner ofConsumerProtection,orthecommissioner's designee, may conduct investigations and hold hearings on any matter under the provisions of this section and sections 1 to 3, inclusive, of this act.
5 providing the notifications required under sections 2 and 3 of this act shall provide such notification at the time a Connecticut user registers with the online dating operator by way of a communication, which may be in the form of electronic mail, text message, push notification, inbox message or in-product message.
Such notifications may be provided in the same communication.
The communication shall not address matters otherthanthecriminalbackgroundscreening notificationandthesafety awareness notification.
In the event that the means of communication is character limited, the online dating operator may include the full content of the information by means of a link to a separate Internet web site,providedsuchInternetwebsitedoesnotaddressmattersotherthan the notifications required under sections 2 and 3 of this act.
Sec.
5.
(NEW) (Effective October 1, 2022) (a) The Department of Consumer Protection may issue fines of not more than twenty-five thousand dollars per violation, accept an offer in compromise, or take other actions permitted by the general statutes or the regulations of Connecticut state agencies if an online dating operator fails to comply with the provisions of sections 1 to 4, inclusive, of this act.
(b)TheCommissioner ofConsumerProtection,orthecommissioner's designee, may conduct investigations and hold hearings on any matter under the provisions of this section and sections 1 to 4, inclusive, of this act.
(c) The Attorney General, at the request of the commissioner or the commissioner's designee, may apply in the name of the state to the Superior Court for an order temporarily or permanently restraining and enjoining any person from violating any provision of this section and sections 1 to 3, inclusive, of this act.
(c) The Attorney General, at the request of the commissioner or the commissioner's designee, may apply in the name of the state to the Superior Court for an order temporarily or permanently restraining and Public Act No.
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5 enjoining any person from violating any provision of this section and sections 1 to 4, inclusive, of this act.
5.
(Effective from passage) (a) There is established a working group to examine and develop recommendations regarding potential legislation to criminalize child grooming, including acts to persuade, coerce, induce or entice a minor for the purposes of:
(1) Sexually exploiting the minor;
(2) the creation of child pornography;
(3) engaging the minor in prostitution;
or (4) trafficking the minor.
(b) The working group shall be comprised of:
(1) An individual appointed by the president pro tempore of the Senate, who shall serve as the chairperson of the working group, (2) an individual appointed by thespeakeroftheHouse ofRepresentatives, (3)anindividualappointed by the minority leader of the Senate, (4) an individual appointed by the minority leader of the House of Representatives, (5) an individual appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, (6) an individual appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0004 of 33 R03-SB.docx } Substitute Bill No.
5 matters relating to the judiciary, (7) an individual appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, (8) an individual appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, (9) the Chief Public Defender, or the Chief Public Defender's designee, and (10) the Chief State's Attorney, or the Chief State's Attorney's designee.
Any member of the working group appointed under subdivisions (1) to (8), inclusive, of this subsection may be a member of the General Assembly.
(c) All appointments to the working group shall be made not later than sixty days after the effective date of this section.
The appointing authority shall provide a copy of such appointment to the administrator of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary not later than seven days after the date of the appointment.
(d) The chairperson of the working group shall schedule the first meeting of the working group, which shall be held not later than ninety days after the effective date of this section.
(e) On or before December 31, 2022, the working group shall report its recommendations, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
The working group shall terminate on the date that it submits such report or December 31, 2022, whichever is later.
Sec.
(A) A local or regional school district, (B) a historical society, (C) a tax- exempt entity registered with the office of the Secretary of the State, (D) a government agency, (E) a constituent unit of the state system of higher education, (F) a public library, or (G) any other entity operating under LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0005 of 33 R03-SB.docx } Substitute Bill No.
(A) A local or regional school district, (B) a historical society, (C) a tax- exempt entity registered with the office of the Secretary of the State, (D) a government agency, (E) a constituent unit of the state system of higher education, (F) a public library, or (G) any other entity operating under another entity described in this subdivision;
5 another entity described in this subdivision;
other specific goals of the eligible entity;
other specific goals of the eligible Public Act No.
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5 entity;
(d) The department may award grants for any programming or service that prevents online abuse or furthers the other goals of the programunder subsection(b)of thissection,including training teachers or professionals within schools, archiving, public murals, curriculum development and marketing.
(d) The department may award grants for any programming or service that prevents online abuse or furthers the other goals of the programunder subsection(b)ofthissection,including training teachers or professionals within schools, archiving, public murals, curriculum development and marketing.
Eligible entities may use the funds awarded under this subsection collectively, including regionally, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0006 of 33 R03-SB.docx } Substitute Bill No.
Eligible entities may use the funds awarded under this subsection collectively, including regionally, through coordinated efforts and conferences that achieve the goals of the program.
5 through coordinated efforts and conferences that achieve the goals of the program.
Subdivision (10) of section 46a-51 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):
Section 46a-51 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):
As used in section 4a-60a and this chapter:
(1) "Blind" refers to an individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees;
(2) "Commission" means the Commission on Human Rights and Opportunities created by section 46a-52;
(3) "Commission legal counsel" means a member of the legal staff employed by the commission pursuant to section 46a-54, as amended Public Act No.
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5 by this act;
(4) "Commissioner" means a member of the commission;
(5) "Court" means the Superior Court or any judge of said court;
(6) "Discrimination" includes segregation and separation;
(7) "Discriminatory employment practice" means any discriminatory practice specified in section 46a-60, as amended by this act, or 46a-81c;
(8) "Discriminatory practice" means a violation of section 4a-60, 4a- 60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a- 54, as amended by this act, subdivisions (16) and (17) of section 46a-54, as amended by this act, section 46a-58, as amended by this act, 46a-59, as amended by this act, 46a-60, as amended by this act, 46a-64, as amended by this act, 46a-64c, 46a-66, as amended by this act, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, as amended by this act, subsection (a) of section 46a-80 or sections 46a-81b to 46a- 81o, inclusive;
(9)"Employee" means any personemployedby anemployerbut shall not include any individual employed by such individual's parents, spouse or child.
"Employee" includes any elected or appointed official of a municipality, board, commission, counsel or other governmental body;
Sec.
(11) "Employment agency" means any person undertaking with or without compensation to procure employees or opportunities to work;
(12)"Labororganization"meansanyorganizationwhichexistsforthe purpose, in whole or in part, of collective bargaining or of dealing with Public Act No.
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5 employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment;
(13) "Intellectual disability" means intellectual disability as defined in section 1-1g;
(14) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, receivers and the state and all political subdivisions and agencies thereof;
(15) "Physically disabled" refers to any individual who has any chronic physical handicap, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness, including, but not limited to, epilepsy, deafness or being hard of hearing or reliance on a wheelchair or other remedial appliance or device;
(16) "Respondent" means any person alleged in a complaint filed pursuant to section 46a-82 to have committed a discriminatory practice;
(17) "Discrimination on the basis of sex" includes but is not limited to discrimination related to pregnancy, child-bearing capacity, sterilization, fertility or related medical conditions;
(18) "Discrimination on the basis of religious creed" includes but is not limited to discrimination related to all aspects of religious observances and practice as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business;
(19)"Learningdisability"referstoanindividualwhoexhibitsasevere discrepancy between educational performance and measured Public Act No.
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5 intellectual ability and who exhibits a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in a diminished ability to listen, speak, read, write, spell or to do mathematical calculations;
(20) "Mental disability" refers to an individual who has a record of, or is regarded as having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";
and (21) "Gender identity or expression" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender- related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose;
[.] (22) "Veteran" means veteran as defined in subsection (a) of section 27-103;
(23) "Race" is inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles;
[and] (24) "Protective hairstyles" includes, but is not limited to, wigs, headwraps and hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros and afro puffs;
and (25) "Domestic Violence" has the same meaning as provided in subsection (b) of section 46b-1.
Public Act No.
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5 Sec.
Section 46a-54 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):
Section 46a-54 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(3) To employ legal staff and commission legal counsel as necessary to perform the duties and responsibilities under section 46a-55.
(3) To employ legal staff and commission legal counsel as necessary to perform the duties and responsibilities under section 46a-55, as amended by this act.
One commission legal counsel shall serve as supervising attorney.
[One commission legal counsel shall serve as supervising attorney.] Each commission legal counsel shall be admitted to practice law in this state;
Each commission legal counsel shall be admitted to practice law in this state;
(5) To adopt, publish, amend and rescind regulations consistent with LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-000057 of 33 R03-SB.docx } Substitute Bill No.
(5) To adopt, publish, amend and rescind regulations consistent with and to effectuate the provisions of this chapter;
5 and to effectuate the provisions of this chapter;
(9) By itself or with or by hearing officers or human rights referees, to hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath and requiretheproductionforexaminationofanybooksandpapersrelating to any matter under investigation or in question;
Public Act No.
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5 (9) By itself or with or by hearing officers or human rights referees, to hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath and requiretheproductionforexaminationofanybooksandpapersrelating to any matter under investigation or in question;
(11) To require written answers to interrogatories under oath relating to any complaint under investigation pursuant to this chapter alleging any discriminatory practice as defined in subdivision (8) of section 46a- 51, and to adopt regulations, in accordance with the provisions of chapter 54, for the procedure for the issuance of interrogatories and compliance with interrogatory requests;
(11) To require written answers to interrogatories under oath relating to any complaint under investigation pursuant to this chapter alleging any discriminatory practice as defined in subdivision (8) of section 46a- 51, as amended by this act, and to adopt regulations, in accordance with the provisions of chapter 54, for the procedure for the issuance of interrogatories and compliance with interrogatory requests;
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(13) To require the posting by an employer, employment agency or labor organization of such notices regarding statutory provisions as the commission shall provide;
5 (13) To require the posting by an employer, employment agency or labor organization of such notices regarding statutory provisions as the commission shall provide;
(15) To require an employer having three or more employees to (A) post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment;
(15) To require an employer having three or more employees to (A) Public Act No.
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5 post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment;
An employer having (i) three or more employees, shall provide such training and education to an employee hired on or after October 1, 2019, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0009 of 33 R03-SB.docx } Substitute Bill No.
An employer having (i) three or more employees, shall provide such training and education to an employee hired on or after October 1, 2019, not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56, as amended by this act;
5 not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56, as amended by this act;
or (ii) less than three employees shall provide such training and education to all supervisory employees within one year of October 1, 2019, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such Public Act No.
or (ii) less than three employees shall provide such training and education to all supervisory employees within one year of October 1, 2019, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training andeducationto anysuchsupervisory employeesafterOctober 1, 2018, shall not be required to provide such training and education a second time.
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5 training andeducationto anysuchsupervisory employeesafterOctober 1, 2018, shall not be required to provide such training and education a second time.
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(16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education (i) to all supervisory and nonsupervisory employees, not later than July 1, 2002, with priority for such training to supervisory employees, and (ii) to all newly hired supervisory and Public Act No.
5 (16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education (i) to all supervisory and nonsupervisory employees, not later than July 1, 2002, with priority for such training to supervisory employees, and (ii) to all newly hired supervisory and nonsupervisory employees, not later than six months after their assumption of a position with a state agency, with priority for such training to supervisory employees.
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5 nonsupervisory employees, not later than six months after their assumption of a position with a state agency, with priority for such training to supervisory employees.
[and] (18) To enter into contracts for and accept grants of private or federal LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0011 of 33 R03-SB.docx } Substitute Bill No.
[and] (18) To enter into contracts for and accept grants of private or federal funds and to accept gifts, donations or bequests, including donations of service by attorneys;
5 funds and to accept gifts, donations or bequests, including donations of service by attorneys;
[.] (19) To require each state agency to provide a minimum of one hour Public Act No.
[.] (19) To require each state agency that employs one or more employees to provide a minimum of one hour of training and education related to domestic violence and the resources available to victims of domestic violence (A) to all employees hired prior to January 1, 2023, not later than July 1, 2023, and (B) to all employees hired on or after January 1, 2023, not later than six months after their assumption of a position with a state agency.
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5 of training and education related to domestic violence and the resources available tovictimsofdomesticviolence (A)to allemployeeshiredprior to January 1, 2023, not later than July 1, 2023, and (B) to all employees hired on or after January 1, 2023, not later than six months after their assumption of a position with a state agency.
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(3) Investigate and proceed in all cases of discriminatory practices as provided in this chapter and noncompliance with the provisions of section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive;
5 (3) Investigate and proceed in all cases of discriminatory practices as provided in this chapter and noncompliance with the provisions of section 4a-60, as amended by this act, or 4a-60a or sections 46a-68c to 46a-68f, inclusive;
Public Act No.
(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed;
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(5) Monitor state contracts to determine whether they are in compliance with sections 4a-60, as amended by this act, and 4a-60a, and those provisions of the general statutes which prohibit discrimination;
5 (4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed;
(5) Monitor state contracts to determine whether they are in compliance with sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination;
[and] (8) Develop and make available at no cost to employers an online trainingandeducationvideoorother interactivemethodoftrainingand education that fulfills the requirements prescribed in subdivision (15) of section 46a-54, [.] as amended by this act;
[and] (8) Develop and make available at no cost to employers an online trainingandeducationvideoorotherinteractivemethodoftrainingand education that fulfills the requirements prescribed in subdivision (15) of section 46a-54, [.] as amended by this act;
and LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0013 of 33 R03-SB.docx } Substitute Bill No.
and (10) Develop, in conjunction with organizations that advocate on behalf of victims of domestic violence, and make available at no cost to each state agency an online training and education video or other Public Act No.
5 (10) Develop, in conjunction with organizations that advocate on behalf of victims of domestic violence, and make available at no cost to each state agency an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (19) of section 46a-54, as amended by this act.
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5 interactive method of training and education that fulfills the requirements prescribed in subdivision (19) of section 46a-54, as amended by this act.
(1) "Employee" means an employee, as defined in section 46a-51, as amended by this act, and includes any elected or appointed official of a municipality, board, commission, counsel or other governmental body;
(1) "Pregnancy" means pregnancy, childbirth or a related condition, including, but not limited to, lactation;
(2) "Family violence" has the same meaning as provided in section 46b-38a;
(2) "Reasonable accommodation" means, but is not limited to, being permitted to sit while working,more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth or break time and appropriate facilities for expressing breast milk;
[(1)] (3) "Pregnancy" means pregnancy, childbirth or a related condition, including, but not limited to, lactation;
and (3) "Undue hardship" means an action requiring significant difficulty or expense when considered in light of factors such as (A) the nature and cost of the accommodation;
[(2)] (4) "Reasonable accommodation" means, but is not limited to, being permitted to sit while working, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth or break time and appropriate facilities for expressing breast milk;
and [(3)] (5) "Undue hardship" means an action requiring significant difficulty or expense when considered in light of factors such as (A) the nature and cost of the accommodation;
and (D) the effect on expenses and resources or the impact otherwise of such accommodation upon the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0014 of 33 R03-SB.docx } Substitute Bill No.
and (D) the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.
5 operation of the employer.
(1) For an employer, by the employer or the employer's agent, except in the case of a bona fide occupational qualification or need, to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against any individual in compensation or in terms, conditions or privileges of employment because of the individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of family violence;
(1) For an employer, by the employer or the employer's agent, except in the case of a bona fide occupational qualification or need, to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against any individual in compensation or Public Act No.
(2) For any employment agency, except in the case of a bona fide occupational qualification or need, to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any individual because of such individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of family violence;
22-82 17 of 34 Substitute Senate Bill No.
(3)For alabororganization,because oftherace, color,religiouscreed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of family violence of any individual to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless such action is based on a bona fide occupational qualification;
5 in terms, conditions or privileges of employment because of the individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of domestic violence;
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0015 of 33 R03-SB.docx } Substitute Bill No.
(2) For any employment agency, except in the case of a bona fide occupational qualification or need, to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any individual because of such individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of domestic violence;
5 (4) For any person, employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory employment practice or because such person has filed a complaint or testified or assisted in any proceeding under section 46a-82, 46a-83 or 46a-84;
(3)For alabororganization,because oftherace, color,religiouscreed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of domestic violence of any individual to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless such action is based on a bona fide occupational qualification;
(5) For any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any act declared to be a discriminatory employment practice or to attempt to do so;
(4) For any person, employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory employment practice or because such person has filed a complaint or testified or assisted in any proceeding under section 46a-82, 46a-83 or 46a-84;
(6) For any person, employer, employment agency or labor organization, except in the case of a bona fide occupational qualification or need, to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against individuals because of their race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of family violence;
Public Act No.
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5 (5) For any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any act declared to be a discriminatory employment practice or to attempt to do so;
(6) For any person, employer, employment agency or labor organization, except in the case of a bona fide occupational qualification or need, to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against individuals because of their race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of domestic violence;
(F) to discriminate against an employee or person seeking employment on the basis of her pregnancy in the terms or conditions of LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0016 of 33 R03-SB.docx } Substitute Bill No.
(F) to discriminate against an employee or person seeking employment on the basis of her pregnancy in the terms or conditions of her employment;
5 her employment;
(G) to fail or refuse to make a reasonable accommodation for an employee or person seeking employment due to her pregnancy, unless the employer can demonstrate that such Public Act No.
(G) to fail or refuse to make a reasonable accommodation for an employee or person seeking employment due to her pregnancy, unless the employer can demonstrate that such accommodation would impose an undue hardship on such employer;
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5 accommodation would impose an undue hardship on such employer;
As used in this LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0017 of 33 R03-SB.docx } Substitute Bill No.
As used in this subdivision, "sexual harassment" means any unwelcome sexual Public Act No.
5 subdivision, "sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (C) such conduct has the purpose or effect of [substantially] interferingwith an individual's work performance or creating an intimidating, hostile or offensive working environment;
22-82 20 of 34 Substitute Senate Bill No.
5 advances or requests for sexual favors or any conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (C) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;
Nothing in this subdivision is intended to prohibit an employer fromtaking reasonablemeasuresto protect anemployee from LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0018 of 33 R03-SB.docx } Substitute Bill No.
Nothing in this subdivision is intended to prohibit an Public Act No.
5 exposure to such substances.
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5 employer fromtaking reasonablemeasuresto protect anemployee from exposure to such substances.
[.] and (13) (A) For an employer to refuse to provide a reasonable accommodation to an employee who is known by the employer to be a victim of family violence, unless such absence would cause an undue hardship to the employer.
[.] and (13)(A)Foranemployerortheemployer'sagenttodenyanemployee a reasonable leave of absence in order to:
The employer may require an employee to charge any time off pursuant to this subsection against any leave with pay ordinarily granted, where available, unless otherwise provided for in a collective bargaining agreement or existing employee handbook or policy, and any such absence that cannot be charged may be treated as leave without pay.
(i) Seek attention for injuries caused by domestic violence including for a child who is a victim of domestic violence, provided the employee is not the perpetrator of the domestic violence against the child;
An employee may seek a reasonable accommodation under this subsection in order to:
(ii) obtain services including safety planning from a domestic violence agency or rape crisis center, as those terms are defined in section 52-146k, as a result of domestic violence;
(i) Seek attention for injuries caused by family violence including for a child who is a victim of family violence, provided the employee is not the perpetrator of the family LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0019 of 33 R03-SB.docx } Substitute Bill No.
(iii) obtain psychological counseling related to an incident or incidents of domestic violence, including for a child who is a victim of domestic Public Act No.
5 violence against the child;
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(ii) obtain services from a family violence shelter, program or rape crisis center as a result of family violence;
5 violence, provided the employee is not the perpetrator of the domestic violence against the child;
(iii) obtain psychological counseling related to an incident or incidents of family violence, including for a child who is a victim of family violence, provided the employee is not the perpetrator of the family violence against the child;
(iv) take other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation;
(iv) participate in safety planning and taking other actions to increase safety from future incidents of family violence, including temporary or permanent relocation;
or (v) obtain legal services, assisting in the prosecution of the offense, or otherwise participate in legal proceedings in relation to the incident or incidents of domestic violence.
or (v) obtain legal services, assisting in the prosecution of the offense, or otherwise participate in legal proceedings in relation to the incident or incidents of family violence.
(i) A police report indicating that the employee or the employee's child was a victim of family violence;
(i) A police report indicating that the employee or the employee's child was a victim of domestic violence;
(ii) a court order protecting or separating the employee or employee's child from the perpetrator of an act of family violence;
(ii) a court order protecting or separating the employee or employee's child from the perpetrator of an act of domestic violence;
or (iv) documentation fromamedicalprofessionaloradomesticviolencecounselor,asdefined in section 52-146k, that the employee or the employee's child was undergoing counseling or treatment for physical or mental injuries or abuse resulting in victimization from an act of family violence.
or (iv) documentation from a medical professional, domestic violence counselor, as defined in section 52-146k, or other health care provider, that the employee or the employee's child was receiving services, counseling or treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.
(C) Where an employee has a physical or mental disability resulting from an incident or series of incidents of family violence, such employee shall be treated in the same manner as an employee with any other disability, pursuant to the provisions of this section which provide that discrimination and refusal to provide reasonable accommodation of disability are unlawful discriminatory practices.
(C) Where an employee has a physical or mental disability resulting from an incident or series of incidents of domestic violence, such employee shall be treated in the same manner as an employee with any other disability.
(D) To the extent permitted by law, employers shall maintain the confidentiality of any information regarding an employee's status as a victim of family violence.
(D) To the extent permitted by law, employers shall maintain the confidentiality of any information regarding an employee's status as a victim of domestic violence.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00020 of 33 R03-SB.docx } Substitute Bill No.
(c) (1) The provisions of this section concerning age shall not apply to:
5 (c) (1) The provisions of this section concerning age shall not apply to:
(A) The termination of employment of any person with a contract of unlimited tenure at an independent institution of higher education who Public Act No.
(A) The termination of employment of any person with a contract of unlimited tenure at an independent institution of higher education who is mandatorily retired, on or before July 1, 1993, after having attained the age of seventy;
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5 is mandatorily retired, on or before July 1, 1993, after having attained the age of seventy;
(2) No employee retirement or pension plan may exclude any employee from membership in such plan or cease or reduce the employee's benefit accruals or allocations under such plan on the basis LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0021 of 33 R03-SB.docx } Substitute Bill No.
(2) No employee retirement or pension plan may exclude any employee from membership in such plan or cease or reduce the employee's benefit accruals or allocations under such plan on the basis of age.
5 of age.
The provisions of this subdivision shall be applicable to plan Public Act No.
The provisions of this subdivision shall be applicable to plan years beginning on or after January 1, 1988, except that for any collectively bargained plan this subdivision shall be applicable on the earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of the collective bargaining agreement, or (ii) January 1, 1988.
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5 years beginning on or after January 1, 1988, except that for any collectively bargained plan this subdivision shall be applicable on the earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of the collective bargaining agreement, or (ii) January 1, 1988.
(2) The Commission on Human Rights and Opportunities shall develop courses of instruction and conduct ongoing public education efforts as necessary to inform employers, employees, employment agencies and persons seeking employment about their rights and LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0022 of 33 R03-SB.docx } Substitute Bill No.
(2) The Commission on Human Rights and Opportunities shall develop courses of instruction and conduct ongoing public education efforts as necessary to inform employers, employees, employment Public Act No.
5 responsibilities under this section.
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(e) It shall not be a defense to a complaint of discrimination under thissection,filedinaccordancewithsection46a-82,thattheconductwas not severe or pervasive.
5 agencies and persons seeking employment about their rights and responsibilities under this section.
Conduct constitutes an unlawful discriminatory practice when the conduct subjects an individual to inferior terms, conditions or privileges of employment because of the individual's protected characteristic.
The fact that such individual did notmakeacomplaintaboutthediscriminationtoanemployer,licensing agency, employment agency or labor organization shall not be determinative of whether such employer, licensing agency, employment agency or labor organization shall be liable.
It shall be an affirmative defense that the harassing conduct complained of does not rise above the level of what a reasonable person would consider discrimination.
(f) No settlement or agreement resolving a complaint of discriminatory practice between an employer and a current or past employee or job applicant shall:
(1) Prohibit, prevent or otherwise restrict the right of such current or past employee or job applicant from obtaining future employment with the employer or any parent company, subsidiary, division, affiliate or contractor of the employer, or (2) include a prohibition on disparagement or disclosure by such employee as a condition for employment, continued employment, promotion, compensation or benefit or as a condition for resolving or investigating a complaint of discrimination.
(g) No settlement or agreement between an employer and a current or past employee shall restrict such employee from filing a complaint with the Equal Employment Opportunity Commission, with the Commission on Human Rights and Opportunities, or, in state or federal court, testifying or otherwise participating in a state or federal agency investigation related to a claim of discrimination or otherwise pursuing such employee's rights under state or federal discrimination laws.
Subsection (c) of section 10a-55c of the general statutes is LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0023 of 33 R03-SB.docx } Substitute Bill No.
5 repealed andthefollowing issubstitutedinlieuthereof(EffectiveOctober 1, 2022):
(c) For purposes of this section "sexual harassment" means with respect to an individual enrolled at an institution of higher education, any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature by an agent or employee of an institution of higher education when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's academic success, (2) submission to or rejection of such conduct by an individual is used as the basis for educational decisions affecting such individual, or (3) such conduct has the purpose or effect of [substantially] interfering with an individual's academic performance or creating an intimidating or hostile educational environment.
Sec.
12.
Subdivision (5) of subsection (a) of section 31-40y of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):
(5) "Sexual harassment" means any unwelcome sexual advances, requests for sexual favors or any other conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an intern's internship;
(B) submission to or rejection of such conduct by an intern or an individual seeking an internship is used as the basis for workplace decisions affecting such intern or individual;
or (C) such conduct has the purpose or effect of [substantially]interfering withanintern'swork performance orcreating an intimidating, hostile or offensive working environment.
Sec.
13.
(a) It shall be a discriminatory practice in violation of this section for any person to subject, or cause to be subjected, any other person to the deprivationofanyrights,privilegesorimmunities,securedor protected by the Constitution or laws of this state or of the United States, on LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0024 of 33 R03-SB.docx } Substitute Bill No.
(a) It shall be a discriminatory practice in violation of this section for any person to subject, or cause to be subjected, any other person to the deprivationofanyrights, privilegesorimmunities,securedor protected by the Constitution or laws of this state or of the United States, on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, [or] status as a veteran or status as a victim of domestic violence.
5 account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, [or] status as a veteran or status as a victim of family violence.
(d) Any person who places a noose or a simulation thereof on any public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, [or] status as a veteran or status as a victim of family violence, shall be in violation of subsection (a) of this section.
(d) Any person who places a noose or a simulation thereof on any public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, [or] status as a veteran or status as a victim of Public Act No.
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5 domestic violence, shall be in violation of subsection (a) of this section.
(2) Any person who violates the provisions of this section by intentionally desecrating ahouse ofreligious worship(A) shallbe guilty LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-000025 of 33 R03-SB.docx } Substitute Bill No.
(2) Any person who violates the provisions of this section by intentionally desecrating ahouse ofreligious worship(A) shallbe guilty of a class D felony and shall be fined not less than one thousand dollars if property is damaged as a consequence of such violation in an amount up to and including ten thousand dollars, and (B) shall be guilty of a class C felony and shall be fined not less than three thousand dollars if the property damaged as a consequence of such violation is in an amount in excess of ten thousand dollars.
5 of a class D felony and shall be fined not less than one thousand dollars if property is damaged as a consequence of such violation in an amount up to and including ten thousand dollars, and (B) shall be guilty of a class C felony and shall be fined not less than three thousand dollars if the property damaged as a consequence of such violation is in an amount in excess of ten thousand dollars.
14.
12.
(a) It shall be a discriminatory practice in violation of this section for any association, board or other organization the principal purpose of which is the furtherance of the professional or occupational interests of its members, whose profession, trade or occupation requires a state license, to refuse to accept a person as a member of such association, board or organization because of his race, national origin, creed, sex, gender identity or expression, color, [or] status as a veteran or status as a victim of family violence.
(a) It shall be a discriminatory practice in violation of this section for any association, board or other organization the principal purpose of which is the furtherance of the professional or occupational interests of its members, whose profession, trade or occupation requires a state license, to refuse to accept a person as a member of such association, Public Act No.
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5 board or organization because of his race, national origin, creed, sex, gender identity or expression, color, [or] status as a veteran or status as a victim of domestic violence.
15.
13.
Subsection (a) of section 46a-64 of the general statutes is repealed andthefollowing is substituted inlieuthereof(EffectiveOctober 1, 2022):
Subsection (a) of section 46a-64 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
(1) To deny any person within the jurisdiction of this state full and equal accommodations in any place of public accommodation, resort or amusement because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability, physical disability, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00026 of 33 R03-SB.docx } Substitute Bill No.
(1) To deny any person within the jurisdiction of this state full and equal accommodations in any place of public accommodation, resort or amusement because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability, physical disability, including, but not limited to, blindness or deafness, [or] status as a veteran or status as a victim of domestic violence, of the applicant, subject only to the conditions and limitations established by law and applicable alike to all persons;
5 including, but not limited to, blindness or deafness, [or] status as a veteran or status as a victim of family violence, of the applicant, subject only to the conditions and limitations established by law and applicable alike to all persons;
(2) to discriminate, segregate or separate on account of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability, learning disability, physical disability,including,butnotlimitedto,blindnessordeafness, [or]status as a veteran or status as a victim of domestic violence;
(2) to discriminate, segregate or separate on account of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness or deafness, [or] status as a veteran or status as a victim of family violence;
(4) for a place of public accommodation, resort or amusement to fail or refuse to post a notice, in a conspicuous place, that any blind, deaf or mobility impaired person, accompanied by his guide dog wearing a harness or an orange-colored leash and collar, may enter such premises or facilities;
(4) for a place of public accommodation, resort or amusement to fail or refuse to post a notice, ina conspicuousplace, that any blind,deaformobility impairedperson, accompanied by his guide dog wearing a harness or an orange-colored leash and collar, may enter such premises or facilities;
or (5) to deny any blind, deaf or mobility impaired person or any person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person, accompanied by his guide dog or assistance dog, full and equal access to any place of public accommodation, resort or amusement.
or (5) to deny any blind, deaf or mobility impaired person or any person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person, accompanied by his guide dog or assistance dog, full and equal access to any place of public accommodation, resort or Public Act No.
Any blind, deaformobilityimpairedpersonoranypersontrainingadogasaguide dog for a blind person or a dog to assist a deaf or mobility impaired person may keep his guide dog or assistance dog with him at all times in such place of public accommodation, resort or amusement at no extra charge, provided the dog wears a harness or an orange-colored leash and collar and is in the direct custody of such person.
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The blind, deaf or mobility impaired person or person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person shall be liable for any damage done to the premises or facilities by his dog.
5 amusement.
For purposes of this subdivision, "guide dog" or "assistance dog" includes a dog being trained as a guide dog or assistance dog and "persontraining adogasaguidedogforablindpersonor adogto assist a deaf or mobility impaired person" means a person who is employed by and authorized to engage in designated training activities by a guide dog organization or assistance dog organization that complies with the criteria for membership in a professional association of guide dog or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0027 of 33 R03-SB.docx } Substitute Bill No.
Any blind, deaf or mobility impaired person or any person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person may keep his guide dog or assistance dog with him at all times in such place of public accommodation, resort or amusement at no extra charge, provided the dog wears a harness or an orange-colored leash and collar and is in the direct custody of such person.
5 assistance dog schools and who carries photographic identification indicating such employment and authorization.
The blind, deaf or mobility impaired person or person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person shall be liable for any damage done to the premisesorfacilitiesbyhisdog.Forpurposesofthissubdivision,"guide dog" or "assistance dog" includes a dog being trained as a guide dog or assistance dog and "person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person" means a person who is employed by and authorized to engage in designated training activities by a guide dog organization or assistance dog organization that complies with the criteria for membership in a professional association of guide dog or assistance dog schools and who carries photographic identification indicating such employment and authorization.
14.
Subdivision (1) of subsection (a) of section 46a-64c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022) (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, [or] status as a veteran or status as a victim of domestic violence.
Sec.
15.
Subsection (a) of section 46a-66 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
Public Act No.
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5 (a) It shall be a discriminatory practice in violation of this section for any creditor to discriminate on the basis of sex, gender identity or expression, age, race, color, religious creed, national origin, ancestry, marital status, intellectual disability, learning disability, blindness, physical disability, [or] status as a veteran or status as a victim of domestic violence against any person eighteen years of age or over in any credit transaction.
Sec.
Subdivision (1) of subsection (a) of section 46a-64c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022) (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, [or] status as a veteran or status as a victim of family violence.
Subsection (a) of section 46a-70 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
(a) State officials and supervisory personnel shall recruit, appoint, assign, train, evaluate and promote state personnel on the basis of merit and qualifications, without regard for race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, status as a veteran, status as a victim of domestic violence, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness, unless it is shown by such state officials or supervisory personnel that such disability prevents performance of the work involved.
Subsection (a) of section 46a-66 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
Subsection (a) of section 46a-71 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
(a) It shall be a discriminatory practice in violation of this section for any creditor to discriminate on the basis of sex, gender identity or expression, age, race, color, religious creed, national origin, ancestry, marital status, intellectual disability, learning disability, blindness, physical disability, [or] status as a veteran or status as a victim of domestic violence against any person eighteen years of age or over in any credit transaction.
(a) All services of every state agency shall be performed without discrimination based upon race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of domestic violence.
Subsection (a) of section 46a-70 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
Subsection (b) of section 46a-72 of the general statutes is Public Act No.
(a) State officials and supervisory personnel shall recruit, appoint, assign, train, evaluate and promote state personnel on the basis of merit and qualifications, without regard for race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, status as a veteran, status as a victim of family violence, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness, unless it is shown by LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-000028 of 33 R03-SB.docx } Substitute Bill No.
22-82 30 of 34 Substitute Senate Bill No.
5 such state officials or supervisory personnel that such disability prevents performance of the work involved.
5 repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
(b) Any job request indicating an intention to exclude any person becauseofrace,color,religiouscreed,sex,genderidentityorexpression, marital status, age, national origin, ancestry, status as a veteran, status asavictimofdomesticviolence, intellectualdisability,mentaldisability, learning disability or physical disability, including, but not limited to, blindness, shall be rejected, unless it is shown by such public or private employers that such disability prevents performance of the work involved.
Subsection (a) of section 46a-71 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
Subsection (a) of section 46a-73 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
(a) All services of every state agency shall be performed without discrimination based upon race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of family violence.
(a) No state department, board or agency may grant, deny or revoke the license or charter of any person on the grounds of race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, status as a veteran, status as a victim of domestic violence, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness, unless it is shown by such state department, board or agency that such disability prevents performance of the work involved.
Subsection (b) of section 46a-72 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
Subsection (a) of section 46a-75 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
(b) Any job request indicating an intention to exclude any person becauseofrace,color,religiouscreed,sex,genderidentityorexpression, marital status, age, national origin, ancestry, status as a veteran, status as a victim of family violence, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness, shall be rejected, unless it is shown by such public or private employers that such disability prevents performance of the work involved.
(a) All educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state agencies, or in which state agencies participate, shall be open to all qualified persons, without regard to race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, Public Act No.
22-82 31 of 34 Substitute Senate Bill No.
5 ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of domestic violence.
Subsection (a) of section 46a-73 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
Subsection (a) of section 46a-76 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
(a) No state department, board or agency may grant, deny or revoke the license or charter of any person on the grounds of race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, status as a veteran, status as a victim of family violence, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness, unless it is LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-000029 of 33 R03-SB.docx } Substitute Bill No.
(a) Race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of domestic violence, shall not be considered as limiting factors in state- administered programs involving the distribution of funds to qualify applicants for benefits authorized by law.
5 shown by such state department, board or agency that such disability prevents performance of the work involved.
Subsection (a) of section 46a-75 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2022):
Section 46a-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) All educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state agencies, or in which state agencies participate, shall be open to all qualified persons, without regard to race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of family violence.
(a) The executive director [, through the supervising attorney,] shall assign a commission legal counsel to represent the commission in any proceeding wherein any state agency or state officer is an adversary party and in such other matters as the commission and the Attorney General may jointly prescribe.
(b) The executive director [, through the supervising attorney,] may assign a commission legal counsel to represent the commission in any hearing or appeal under subparagraph (A) of subdivision (2) of subsection (e) of section 4-61dd.
Commission legal counsel may intervene as a matter of right in any such hearing or appeal without permission of the parties, a hearing officer or the court.
(c) The executive director [, through the supervising attorney,] may, within available appropriations, assign a commission legal counsel to bring a civil action concerning an alleged discriminatory practice, in Public Act No.
22-82 32 of 34 Substitute Senate Bill No.
5 accordance with this subsection, in lieu of an administrative hearing pursuant to section 46a-84, when the executive director determines that a civil action is in the public interest and if the parties to the administrative hearing mutually agree, in writing, to the bringing of such civil action by commission legal counsel.
The commission legal counsel shall bring such a civil action in the Superior Court not later than ninety days following the date the commission legal counsel notifies the parties of the executive director's determination.
Such civil action may be served by certified mail and shall not be subject to the provisions of section 46a-100, 46a-101 or 46a-102.
The jurisdiction of the Superior Court in an action brought under this subsection shall be limited to such claims, counterclaims, defenses or the like that could be presented at an administrative hearing before the commission, had the complaint remained with the commission for disposition.
A complainant may intervene as a matter of right without permission of thecourtortheparties.Thecivilactionshallbetriedtothecourtwithout a jury.
If the commission legal counsel determines that the interests of the state will not be adversely affected, the complainant or attorney for the complainant shall present all or part of the case in support of the complaint.
The court may grant any relief available under section 46a- 104.
Where the Superior Court finds that a respondent has committed a discriminatorypractice,thecourtshallgrantthecommissionitsfees and costs and award the commission a civil penalty, not exceeding ten thousand dollars, provided such discriminatory practice has been established by clear and convincing evidence, which shall be payable to the commission and used by the commission to advance the public interest in eliminating discrimination.
Subsection (a) of section 46a-76 of the general statutes is repealed andthefollowing issubstituted in lieuthereof(EffectiveOctober 1, 2022):
(Effective July 1, 2022) For the fiscal year ending June 30, 2023, the DepartmentofSocialServicesshallmake the sumofonemillionfour hundred forty thousand dollars available for domestic violence child and family advocates at domestic violence agencies, as defined in section 52-146k of the general statutes, whose purpose shall be to Public Act No.
(a) Race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, [or] status as a veteran or status as a victim of family violence, shall not be considered as limiting factors in state- administered programs involving the distribution of funds to qualify applicants for benefits authorized by law.
22-82 33 of 34 Substitute Senate Bill No.
Sec.
5 providetrauma-informed servicesto childrenand families experiencing domestic violence.
24.
Subdivision (1) of subsection (a) of section 4a-60 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):
(1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, intellectual disability, mental LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-0000530 of 33 R03-SB.docx } Substitute Bill No.
5 disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut;
and the contractor further agrees to take affirmative action to ensure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, status as a victim of family violence, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved;
Sec.
25.
Subsection (c) of section 10a-55x of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2022):
(c) Each institution of higher education shall ensure that every member of the campus mental health coalition is educated about the (1) mental health services and programs offered at each campus by such institution, (2) role and function of the campus mental health coalition at such institution, and (3) protocols and techniques to respond to student mental illness that have been developed with consideration given to the students' race, cultural background, sexual orientation, gender identity, religion, socio-economic status or status as a veteran, status as a victim of family violence or service member of the armed forces of the United States.
Sec.
26.
(Effective July 1, 2022) The sum of one million four hundred forty thousand dollars is appropriated to the Department of Social Services from the General Fund, for the fiscal year ending June 30, 2023, for domestic violence child and family advocates at domestic violence agencies, as defined in section 52-146k of the general statutes.
Sec.
27.
(Effective July 1, 2022) The sum of one million four hundred LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-000031 of 33 R03-SB.docx } Substitute Bill No.
5 forty thousand dollars appropriated in section 26 of this act to the Department of Social Services, for the fiscal year ending June 30, 2023, shall be made available for domestic violence child and family advocates at domestic violence agencies, as defined in section 52-146k of the general statutes, whose purpose shall be to provide trauma- informed services to children and families experiencing domestic violence.
This act shall take effect as follows and shall amend the following sections:
Approved May 24, 2022 Public Act No.
Section 1 October 1, 2022 New section Sec.
22-82 34 of 34
2 October 1, 2022 New section Sec.
3 October 1, 2022 New section Sec.
4 October 1, 2022 New section Sec.
5 from passage New section Sec.
6 July 1, 2022 New section Sec.
7 October 1, 2022 46a-51(10) Sec.
8 October 1, 2022 46a-54 Sec.
9 October 1, 2022 46a-56(a) Sec.
10 October 1, 2022 46a-60 Sec.
11 October 1, 2022 10a-55c(c) Sec.
12 October 1, 2022 31-40y(a)(5) Sec.
13 October 1, 2022 46a-58 Sec.
14 October 1, 2022 46a-59(a) Sec.
15 October 1, 2022 46a-64(a) Sec.
16 October 1, 2022 46a-64c(a)(1) Sec.
17 October 1, 2022 46a-66(a) Sec.
18 October 1, 2022 46a-70(a) Sec.
19 October 1, 2022 46a-71(a) Sec.
20 October 1, 2022 46a-72(b) Sec.
21 October 1, 2022 46a-73(a) Sec.
22 October 1, 2022 46a-75(a) Sec.
23 October 1, 2022 46a-76(a) Sec.
24 October 1, 2022 4a-60(a)(1) Sec.
25 October 1, 2022 10a-55x(c) LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- 32 of 33 R03-SB.docx } Substitute Bill No.
5 Sec.
26 July 1, 2022 New section Sec.
27 July 1, 2022 New section JUD Joint Favorable Subst.
APP Joint Favorable LCO R03-SB.docx }OUSERS\FORZANOF\WS\2022SB-00005- 33 of 33
View plain text versions (6)

Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 22-82

  5. ON CONSENT CALENDAR /IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. PASSED, SEN. AMEND. SCH. A

  8. SEN. ADOPTED HO. AMEND. SCH. A

  9. DISAGREEING ACTION,TABLED FOR CAL., SEN.

  10. HOUSE PASSED, HOUSE AMEND. SCH. A

  11. HOUSE PASSED, SEN. AMEND. SCH. A

  12. HOUSE ADOPTED HOUSE AMEND. SCH. A

  13. HOUSE ADOPTED SEN. AMEND. SCH. A

  14. RULES SUSPENDED

  15. HOUSE CALENDAR NUMBER 499

  16. FAV. RPT., TABLED FOR HOUSE CALENDAR

  17. SEN. PASSED, SEN. AMEND. SCH. A

  18. SEN. ADOPTED SEN. AMEND. SCH. A

  19. FAV. RPT., TAB. FOR CAL., SEN.

  20. NO NEW FILE BY COMM. ON Appropriations

  21. RPTD. OUT OF LCO

  22. FILED WITH LCO

  23. Joint Favorable

  24. REF. BY SEN. TO COMM. ON Appropriations

  25. FILE NO. 516

  26. SENATE CALENDAR NUMBER 379

  27. FAV. RPT., TAB. FOR CAL., SEN.

  28. RPTD. OUT OF LCO

  29. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/19/22

  30. FILED WITH LCO

  31. Joint Favorable Substitute

  32. PUBLIC HEARING 0321

  33. REF. TO JOINT COMM. ON Judiciary

  34. DRAFTED BY COMMITTEE

  35. Vote to Draft

  36. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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58 sponsors · 0 co-sponsors · 129 not signed on

Sponsors (58)

Co-sponsors (0)

None.

Not signed on (129)

129 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 5?
SB 5 is sponsored by Anthony L. Nolan (Democratic), Hampton, John K., Joan V. Hartley (Democratic), Smith, Brian T., Gary A. Turco (Democratic), Paris, Corey P., Jennifer Leeper (Democratic), Kara Rochelle (Democratic), Young, Philip L., Michel, David, Cassano, Steve, Currey, Jeff, Rick Lopes (Democratic), Jillian Gilchrest (Democratic), Matt Blumenthal (Democratic), Eric C. Berthel (Republican), Eleni Kavros DeGraw (Democratic), Mae Flexer (Democratic), Travis Simms (Democratic), Lucy Dathan (Democratic), Borer, Dorinda, Derek Slap (Democratic), Martin M. Looney (Democratic), Bob Godfrey (Democratic), Saud Anwar (Democratic), Kate Farrar (Democratic), Maria P. Horn (Democratic), Jorge Cabrera (Democratic), Morrin Bello, Amy, Daugherty Abrams, Mary, Heather S. Somers (Republican), Thomas, Stephanie, Paul Cicarella (Republican), Hennessy, John "jack" F., Julie Kushner (Democratic), Delany, Hubert D., Winkler, Michael A., John W. Fonfara (Democratic), John A. Kissel (Republican), Abercrombie, Catherine F., Juan R. Candelaria (Democratic), Robin E. Comey (Democratic), Bob Duff (Democratic), Gucker, Kenneth M, Mccarthy Vahey, Cristin, Geraldo C. Reyes (Democratic), Vargas, Edwin, Haskell, Will, Mike Demicco (Democratic), Patricia Billie Miller (Democratic), Geoff Luxenberg (Democratic), Mitch Bolinsky (Republican), Hilda E. Santiago (Democratic), Christine Cohen (Democratic), Mccarty, K., Matthew L. Lesser (Democratic), Gary A. Winfield (Democratic), and Marilyn Moore.
What is the current status of SB 5?
This bill has been enacted into law. Introduced February 09, 2022. Enacted.
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