Senate Bill S4370

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4370
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN  ACT to amend the state finance law, in relation to sexual harassment
   disclosure with respect to state contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 139-l of the state finance law, as added by section
 1  of subpart A of part KK of chapter 57 of the laws of 2018, is amended
 to read as follows:
   § 139-l. Statement on sexual harassment AND REPORTS ON SEXUAL  HARASS-
 MENT,  in  bids.  1.  (a)  Every  bid hereafter made to the state or any
 public department  or  agency  thereof,  where  competitive  bidding  is
 required  by statute, rule or regulation, for work or services performed
 or to be performed or goods sold  or  to  be  sold,  shall  contain  the
 following statement subscribed by the bidder and affirmed by such bidder
 as true under the penalty of perjury:
 "By  submission  of  this  bid,  each  bidder and each person signing on
 behalf of any bidder certifies, and in the case  of  a  joint  bid  each
 party  thereto  certifies  as  to its own organization, under penalty of
 perjury, that the bidder  has  and  has  implemented  a  written  policy
 addressing  sexual  harassment  prevention in the workplace and provides
 annual sexual harassment prevention training to all  of  its  employees.
 Such  policy  shall,  at a minimum, meet the requirements of section two
 hundred one-g of the labor law."
   (b) Every bid hereafter made to the state or any public department  or
 agency  thereof,  where  competitive bidding is not required by statute,
 rule or regulation, for work or services performed or to be performed or
 goods sold or to be sold, may contain, at the discretion of the  depart-
 ment,  agency  or official, the certification required pursuant to para-
 graph (a) of this subdivision.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08604-01-3
 S. 4370                             2
              

 
   2. (A) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC  DEPARTMENT
 OR  AGENCY  THEREOF,  WHERE  COMPETITIVE BIDDING IS REQUIRED BY STATUTE,
 RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR
 GOODS SOLD OR TO BE SOLD, SHALL INCLUDE A REPORT LISTING (I) THE NAME OF
 THE BIDDER; (II) THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR ADMINISTRATIVE
 RULINGS ARISING FROM ALLEGATIONS OF SEXUAL HARASSMENT DURING THE PRECED-
 ING  YEAR;  (III)  TOTAL NUMBER OF EMPLOYEES; (IV) WHETHER ANY EQUITABLE
 RELIEF WAS ORDERED AGAINST THE BIDDER IN ANY ADVERSE JUDGMENT OR  ADMIN-
 ISTRATIVE  RULING;  (V)  THE TOTAL NUMBER OF SETTLEMENTS, DEFINED AS ANY
 WRITTEN COMMITMENT OR WRITTEN AGREEMENT, INCLUDING ANY AGREED  JUDGMENT,
 STIPULATION,  DECREE,  AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE,
 OR OTHERWISE BETWEEN AN EMPLOYEE OR A NONEMPLOYEE AND  A  BIDDER,  UNDER
 WHICH  THE  BIDDER  DIRECTLY  OR  INDIRECTLY  PROVIDES  TO AN INDIVIDUAL
 COMPENSATION OR OTHER CONSIDERATION DUE TO AN ALLEGATION THAT THE  INDI-
 VIDUAL  HAS  BEEN  A  VICTIM OF SEXUAL HARASSMENT, THAT HAS BEEN ENTERED
 INTO DURING THE PRECEDING YEAR THAT RELATE TO ANY ALLEGED ACT OF  SEXUAL
 HARASSMENT  THAT  OCCURRED  IN THE WORKPLACE OF THE BIDDER; AND (VI) THE
 TOTAL NUMBER OF SETTLEMENTS ENTERED INTO DURING THE PREVIOUS  YEAR  THAT
 RELATE  TO ANY ALLEGED ACT OF SEXUAL HARASSMENT COMMITTED BY A CORPORATE
 EXECUTIVE WITHOUT REGARD TO WHETHER THAT BEHAVIOR OCCURRED IN THE  WORK-
 PLACE  OF THE BIDDER. THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL
 BE PROVIDED IN ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY THE DIVI-
 SION OF HUMAN RIGHTS.
   (B) ON OR BEFORE THE FIFTEENTH OF FEBRUARY OF EACH YEAR, COPIES OF THE
 REPORTS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION  RECEIVED  IN  THE
 PREVIOUS  CALENDAR YEAR SHALL BE TRANSMITTED FROM THE CONTRACTING AGENCY
 TO THE DIVISION OF HUMAN RIGHTS AND THE OFFICE OF THE STATE COMPTROLLER.
 THE OFFICE OF THE STATE  COMPTROLLER  SHALL  PREPARE  AN  ANNUAL  REPORT
 SUMMARIZING  SUCH  DATA,  WHICH  SHALL BE SUBMITTED TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY  AND  THE
 CHAIRPERSONS  OF THE SENATE FINANCE, THE ASSEMBLY WAYS AND MEANS COMMIT-
 TEES, THE ATTORNEY GENERAL, THE COMMISSIONER OF LABOR, AND  THE  COMMIS-
 SIONER  OF THE DIVISION OF HUMAN RIGHTS BY THE THIRTY-FIRST OF JULY EACH
 YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.   SUCH  REPORT  SHALL
 INCLUDE THE NAME OF THE BIDDER; THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR
 ADMINISTRATIVE  RULINGS  DURING  THE PRECEDING YEAR; THE TOTAL NUMBER OF
 EMPLOYEES; WHETHER ANY EQUITABLE RELIEF WAS ORDERED AGAINST  THE  BIDDER
 IN  ANY  ADVERSE JUDGMENT OR ADMINISTRATIVE RULING; AND THE TOTAL NUMBER
 OF SETTLEMENTS, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF  THIS
 SUBDIVISION, ENTERED INTO DURING THE PRECEDING YEAR.
   3.  Notwithstanding the foregoing, the statement required by paragraph
 (a) of subdivision one of this section AND THE REPORT REQUIRED BY  PARA-
 GRAPH  (A) OF SUBDIVISION TWO OF THIS SECTION may be submitted electron-
 ically in accordance with the provisions of subdivision seven of section
 one hundred sixty-three of this chapter.
   [3.] 4. A bid shall not be considered for award nor shall any award be
 made to a bidder who has not complied  with  [subdivision]  SUBDIVISIONS
 one  AND  TWO  of  this  section;  provided, however, that if the bidder
 cannot make the foregoing certification, such bidder shall so state  and
 shall furnish with the bid a signed statement which sets forth in detail
 the reasons therefor.
   [4.]  5. Any bid hereafter made to the state or any public department,
 agency or official thereof, by a corporate bidder for work  or  services
 performed or to be performed or goods sold or to be sold, where such bid
 contains  the  statement required by subdivision one of this section AND
 THE REPORT REQUIRED BY SUBDIVISION TWO OF THIS SECTION, shall be  deemed
 S. 4370                             3
 
 to  have  been  authorized by the board of directors of such bidder, and
 such authorization shall be deemed to include the signing and submission
 of such bid and the inclusion therein of such statement AND SUCH  REPORT
 as the act and deed of the corporation.
   §  2.  This act shall take effect on the first of July next succeeding
 the date upon which it shall have become a law and shall  apply  to  all
 contracts with the state entered into on and after such effective date.