Bill Text: NY S03747 | 2019-2020 | General Assembly | Amended
Bill Title: Prohibits officers or employees of a state agency, members of the legislature or legislative employees from committing acts of sexual harassment while serving in his or her official capacity.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S03747 Detail]
Download: New_York-2019-S03747-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3747--A 2019-2020 Regular Sessions IN SENATE February 13, 2019 ___________ Introduced by Sens. KENNEDY, BENJAMIN, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Ethics and Internal Governance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law, in relation to prohibiting sexual harassment by certain individuals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 74 of the public officers law is 2 amended by adding a new paragraph j to read as follows: 3 j. No officer or employee of a state agency, member of the legislature 4 or legislative employee shall commit an act of sexual harassment while 5 serving in his or her official capacity. For purposes of this section, 6 "sexual harassment" shall include all conduct which is prohibited pursu- 7 ant to an employer's sexual harassment prevention policy adopted pursu- 8 ant to subdivision one of section two hundred one-g of the labor law. 9 § 2. Subdivision 4 of section 74 of the public officers law, as 10 amended by chapter 14 of the laws of 2007, is amended to read as 11 follows: 12 4. Violations. In addition to any penalty contained in any other 13 provision of law any such officer, member or employee who shall knowing- 14 ly and intentionally violate any of the provisions of this section may 15 be fined, suspended or removed from office or employment in the manner 16 provided by law. Any such individual who knowingly and intentionally 17 violates the provisions of paragraph b, c, d [or], i or j of subdivision 18 three of this section shall be subject to a civil penalty in an amount 19 not to exceed ten thousand dollars and the value of any gift, compen- 20 sation or benefit received as a result of such violation. Any such indi- 21 vidual who knowingly and intentionally violates the provisions of para- 22 graph a, e or g of subdivision three of this section shall be subject to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04098-02-9S. 3747--A 2 1 a civil penalty in an amount not to exceed the value of any gift, 2 compensation or benefit received as a result of such violation. 3 § 3. This act shall take effect immediately and shall apply to conduct 4 that occurs on and after such effective date.
