Bill Text: NY A09511 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation which are necessary to implement the women's agenda; requires health insurance policies to include coverage of all FDA-approved contraceptive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services; prohibits a health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage (Part A); revises provisions of law relating to abortion and repeals certain provisions (Part B); establishes the maternal mortality review board which shall review maternal deaths to assess the cause and factors leading to such deaths (Part C); relates to appointees to the state board for medicine, requiring one to be an expert on reducing health disparities among demographic subgroups, and one to be an expert on women's health (Part D); relates to the possession of weapons by domestic violence offenders (Part E); establishes the new crimes of sexual extortion in the first, second and third degrees; grants concurrent jurisdiction to family court and criminal courts (Part F); extends the time of storage of forensic rape kits by hospitals to not less than the longer of five years or the date the alleged sexual offense victim reaches the age of nineteen and repeals certain provisions relating thereto (Part G); expands the scope of unlawful discriminatory practices to include public educational institutions (Part H); enacts comprehensive sexual harassment policies for New York state, including, requiring contractors that do business with the state to annually report the number of sexual harassment violations, prohibiting mandatory arbitration clauses based upon sexual harassment, individual liability for sexual harassment, prohibiting entering into confidential settlements, establishing a unit to receive and investigate sexual harassment claims, and enacting uniform standards for sexual harassment policies for all branches of state and local governments (Part I); creates a work group to create a report on computer science education standards (Part J); relates to the creation of the "Be Aware, Be Informed" awareness, prevention and education program (Part K); provides free feminine hygiene products in the restrooms of public schools for grades six through twelve (Part L); and relates to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part M).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-02-16 - print number 9511a [A09511 Detail]
Download: New_York-2017-A09511-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 7511--A A. 9511--A SENATE - ASSEMBLY January 18, 2018 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law, the social services law, the educa- tion law and the public health law, in relation to requiring health insurance policies to include coverage of all FDA-approved contracep- tive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services and prohibiting a health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage (Part A); to amend the penal law, the crimi- nal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the public health law relating to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relating to abortion (Part B); to amend the public health law, in relation to establishing a maternal mortal- ity review board (Part C); to amend the education law, in relation to appointees to the state board for medicine (Part D); to amend the penal law and the criminal procedure law, in relation to the possession of weapons by domestic violence offenders; and to repeal section 530.14 of the criminal procedure law and section 842-a of the family court act relating thereto (Part E); to amend the penal law, in relation to establishing the new crimes of sexual extortion in the first, second and third degrees; to amend the family court act and the criminal procedure law, in relation to adding unlawful publication of sexual images and sexual extortion as crimes over which family courts and criminal courts have concurrent jurisdiction in certain circum- stances; to amend the penal law, in relation to establishing the new crime of unlawful publication of sexual images; and to amend the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12676-03-8S. 7511--A 2 A. 9511--A correction law, in relation to the definition of the term "sex offense" (Part F); to amend the public health law, in relation to extending the time of storage of forensic rape kits by hospitals; and repealing certain provisions of such law relating thereto (Part G); to amend the executive law, in relation to expanding the scope of unlaw- ful discriminatory practices to include public educational insti- tutions (Part H); to amend the state finance law, in relation to requiring contractors that do business with the state to annually report the number of sexual harassment violations (Subpart A); to amend the general business law, in relation to discrimination based upon sexual harassment (Subpart B); to amend the executive law and the public officers law, in relation to individual liability for sexual harassment (Subpart C); to amend the executive law and the general municipal law, in relation to the entering of confidential settlements (Subpart D); to amend the public officers law and the executive law, in relation to sexual harassment violations and establishing a unit to receive and investigate such claims (Subpart E); and to amend the executive law, the legislative law, the judiciary law, the general municipal law and the public authorities law, in relation to uniform standards for sexual harassment polices for all branches of state and local governments (Subpart F) (Part I); relating to the creation of computer science education standards (Part J); to amend the education law, in relation to the creation of the "Be Aware, Be Informed" aware- ness, prevention and education program (Part K); to amend the public health law, in relation to providing feminine hygiene products in public schools (Part L); and to amend the executive law, in relation to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part M) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 relating to the Women's Agenda. Each component is wholly contained with- 3 in a Part identified as Parts A through M. The effective date for each 4 particular provision contained within such Part is set forth in the last 5 section of such Part. Any provision in any section contained within a 6 Part, including the effective date of the Part, which makes a reference 7 to a section "of this act", when used in connection with that particular 8 component, shall be deemed to mean and refer to the corresponding 9 section of the Part in which it is found. Section three of this act sets 10 forth the general effective date of this act. 11 PART A 12 Section 1. Paragraph 16 of subsection (l) of section 3221 of the 13 insurance law, as added by chapter 554 of the laws of 2002, is amended 14 to read as follows: 15 (16) (A) Every group or blanket policy [which provides coverage for16prescription drugs shall include coverage for the cost of contraceptive17drugs or devices approved by the federal food and drug administration or18generic equivalents approved as substitutes by such food and drug admin-19istration under the prescription of a health care provider legally20authorized to prescribe under title eight of the education law. TheS. 7511--A 3 A. 9511--A 1coverage required by this section shall be included in policies and2certificates only through the addition of a rider.3(A)] that is issued, amended, renewed, effective or delivered on or 4 after January first, two thousand nineteen, shall provide coverage for 5 all of the following services and contraceptive methods: 6 (1) All FDA-approved contraceptive drugs, devices, and other products. 7 This includes all FDA-approved over-the-counter contraceptive drugs, 8 devices, and products as prescribed or as otherwise authorized under 9 state or federal law. The following applies to this coverage: 10 (a) where the FDA has approved one or more therapeutic and pharmaceu- 11 tical equivalent, as defined by the FDA, versions of a contraceptive 12 drug, device, or product, a group or blanket policy is not required to 13 include all such therapeutic and pharmaceutical equivalent versions in 14 its formulary, so long as at least one is included and covered without 15 cost-sharing and in accordance with this paragraph; 16 (b) if the covered therapeutic and pharmaceutical equivalent versions 17 of a drug, device, or product are not available or are deemed medically 18 inadvisable a group or blanket policy shall provide coverage for an 19 alternate therapeutic and pharmaceutical equivalent version of the 20 contraceptive drug, device, or product without cost-sharing; 21 (c) this coverage shall include emergency contraception without cost- 22 sharing when provided pursuant to an ordinary prescription, non-patient 23 specific regimen order, or order under section sixty-eight hundred thir- 24 ty-one of the education law and when lawfully provided other than 25 through a prescription or order; and 26 (d) this coverage must allow for the dispensing of twelve months worth 27 of a contraceptive at one time; 28 (2) Voluntary sterilization procedures; 29 (3) Patient education and counseling on contraception; and 30 (4) Follow-up services related to the drugs, devices, products, and 31 procedures covered under this paragraph, including, but not limited to, 32 management of side effects, counseling for continued adherence, and 33 device insertion and removal. 34 (B) A group or blanket policy subject to this paragraph shall not 35 impose a deductible, coinsurance, copayment, or any other cost-sharing 36 requirement on the coverage provided pursuant to this paragraph. 37 (C) Except as otherwise authorized under this paragraph, a group or 38 blanket policy shall not impose any restrictions or delays on the cover- 39 age required under this paragraph. 40 (D) Benefits for an enrollee under this paragraph shall be the same 41 for an enrollee's covered spouse or domestic partner and covered 42 nonspouse dependents. 43 (E) Notwithstanding any other provision of this subsection, a reli- 44 gious employer may request a contract without coverage for federal food 45 and drug administration approved contraceptive methods that are contrary 46 to the religious employer's religious tenets. If so requested, such 47 contract shall be provided without coverage for contraceptive methods. 48 This paragraph shall not be construed to deny an enrollee coverage of, 49 and timely access to, contraceptive methods. 50 (1) For purposes of this subsection, a "religious employer" is an 51 entity for which each of the following is true: 52 (a) The inculcation of religious values is the purpose of the entity. 53 (b) The entity primarily employs persons who share the religious 54 tenets of the entity. 55 (c) The entity serves primarily persons who share the religious tenets 56 of the entity.S. 7511--A 4 A. 9511--A 1 (d) The entity is a nonprofit organization as described in Section 2 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended. 3 (2) Every religious employer that invokes the exemption provided under 4 this paragraph shall provide written notice to prospective enrollees 5 prior to enrollment with the plan, listing the contraceptive health care 6 services the employer refuses to cover for religious reasons. 7 [(B) (i)] (F) (1) Where a group policyholder makes an election not to 8 purchase coverage for contraceptive drugs or devices in accordance with 9 subparagraph [(A)] (E) of this paragraph each certificateholder covered 10 under the policy issued to that group policyholder shall have the right 11 to directly purchase the rider required by this paragraph from the 12 insurer which issued the group policy at the prevailing small group 13 community rate for such rider whether or not the employee is part of a 14 small group. 15 [(ii)] (2) Where a group policyholder makes an election not to 16 purchase coverage for contraceptive drugs or devices in accordance with 17 subparagraph [(A)] (E) of this paragraph, the insurer that provides such 18 coverage shall provide written notice to certificateholders upon enroll- 19 ment with the insurer of their right to directly purchase a rider for 20 coverage for the cost of contraceptive drugs or devices. The notice 21 shall also advise the certificateholders of the additional premium for 22 such coverage. 23 [(C)] (G) Nothing in this paragraph shall be construed as authorizing 24 a group or blanket policy which provides coverage for prescription drugs 25 to exclude coverage for prescription drugs prescribed for reasons other 26 than contraceptive purposes. 27 [(D) Such coverage may be subject to reasonable annual deductibles and28coinsurance as may be deemed appropriate by the superintendent and as29are consistent with those established for other drugs or devices covered30under the policy.] 31 § 2. Subsection (cc) of section 4303 of the insurance law, as added by 32 chapter 554 of the laws of 2002, is amended to read as follows: 33 (cc) (1) Every contract [which provides coverage for prescription34drugs shall include coverage for the cost of contraceptive drugs or35devices approved by the federal food and drug administration or generic36equivalents approved as substitutes by such food and drug administration37under the prescription of a health care provider legally authorized to38prescribe under title eight of the education law. The coverage required39by this section shall be included in contracts and certificates only40through the addition of a rider.41(1)] that is issued, amended, renewed, effective or delivered on or 42 after January first, two thousand nineteen, shall provide coverage for 43 all of the following services and contraceptive methods: 44 (A) All FDA-approved contraceptive drugs, devices, and other products. 45 This includes all FDA-approved over-the-counter contraceptive drugs, 46 devices, and products as prescribed or as otherwise authorized under 47 state or federal law. The following applies to this coverage: 48 (i) where the FDA has approved one or more therapeutic and pharmaceu- 49 tical equivalent, as defined by the FDA, versions of a contraceptive 50 drug, device, or product, a contract is not required to include all such 51 therapeutic and pharmaceutical equivalent versions in its formulary, so 52 long as at least one is included and covered without cost-sharing and in 53 accordance with this subsection; 54 (ii) if the covered therapeutic and pharmaceutical equivalent versions 55 of a drug, device, or product are not available or are deemed medically 56 inadvisable a contract shall provide coverage for an alternate therapeu-S. 7511--A 5 A. 9511--A 1 tic and pharmaceutical equivalent version of the contraceptive drug, 2 device, or product without cost-sharing; 3 (iii) this coverage shall include emergency contraception without 4 cost-sharing when provided pursuant to an ordinary prescription, non-pa- 5 tient specific regimen order, or order under section sixty-eight hundred 6 thirty-one of the education law and when lawfully provided other than 7 through a prescription or order; and 8 (iv) this coverage must allow for the dispensing of twelve months 9 worth of a contraceptive at one time; 10 (B) Voluntary sterilization procedures; 11 (C) Patient education and counseling on contraception; and 12 (D) Follow-up services related to the drugs, devices, products, and 13 procedures covered under this subsection, including, but not limited to, 14 management of side effects, counseling for continued adherence, and 15 device insertion and removal. 16 (2) A contract subject to this subsection shall not impose a deduct- 17 ible, coinsurance, copayment, or any other cost-sharing requirement on 18 the coverage provided pursuant to this subsection. 19 (3) Except as otherwise authorized under this subsection, a contract 20 shall not impose any restrictions or delays on the coverage required 21 under this subsection. 22 (4) Benefits for an enrollee under this subsection shall be the same 23 for an enrollee's covered spouse or domestic partner and covered 24 nonspouse dependents. 25 (5) Notwithstanding any other provision of this subsection, a reli- 26 gious employer may request a contract without coverage for federal food 27 and drug administration approved contraceptive methods that are contrary 28 to the religious employer's religious tenets. If so requested, such 29 contract shall be provided without coverage for contraceptive methods. 30 This paragraph shall not be construed to deny an enrollee coverage of, 31 and timely access to, contraceptive methods. 32 (A) For purposes of this subsection, a "religious employer" is an 33 entity for which each of the following is true: 34 (i) The inculcation of religious values is the purpose of the entity. 35 (ii) The entity primarily employs persons who share the religious 36 tenets of the entity. 37 (iii) The entity serves primarily persons who share the religious 38 tenets of the entity. 39 (iv) The entity is a nonprofit organization as described in Section 40 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended. 41 (B) Every religious employer that invokes the exemption provided under 42 this paragraph shall provide written notice to prospective enrollees 43 prior to enrollment with the plan, listing the contraceptive health care 44 services the employer refuses to cover for religious reasons. 45 [(2)](6) (A) Where a group contractholder makes an election not to 46 purchase coverage for contraceptive drugs or devices in accordance with 47 paragraph [one] five of this subsection, each enrollee covered under the 48 contract issued to that group contractholder shall have the right to 49 directly purchase the rider required by this subsection from the insurer 50 or health maintenance organization which issued the group contract at 51 the prevailing small group community rate for such rider whether or not 52 the employee is part of a small group. 53 (B) Where a group contractholder makes an election not to purchase 54 coverage for contraceptive drugs or devices in accordance with paragraph 55 [one] five of this subsection, the insurer or health maintenance organ- 56 ization that provides such coverage shall provide written notice toS. 7511--A 6 A. 9511--A 1 enrollees upon enrollment with the insurer or health maintenance organ- 2 ization of their right to directly purchase a rider for coverage for the 3 cost of contraceptive drugs or devices. The notice shall also advise the 4 enrollees of the additional premium for such coverage. 5 [(3)](7) Nothing in this subsection shall be construed as authorizing 6 a contract which provides coverage for prescription drugs to exclude 7 coverage for prescription drugs prescribed for reasons other than 8 contraceptive purposes. 9 [(4) Such coverage may be subject to reasonable annual deductibles and10coinsurance as may be deemed appropriate by the superintendent and as11are consistent with those established for other drugs or devices covered12under the policy.] 13 § 3. Subparagraph (E) of paragraph 17 of subsection (i) of section 14 3216 of the insurance law is amended by adding a new clause (v) to read 15 as follows: 16 (v) all FDA-approved contraceptive drugs, devices, and other products, 17 including all over-the-counter contraceptive drugs, devices, and 18 products as prescribed or as otherwise authorized under state or federal 19 law; voluntary sterilization procedures; patient education and coun- 20 seling on contraception; and follow-up services related to the drugs, 21 devices, products, and procedures covered under this clause, including, 22 but not limited to, management of side effects, counseling for continued 23 adherence, and device insertion and removal. Except as otherwise author- 24 ized under this clause, a contract shall not impose any restrictions or 25 delays on the coverage required under this clause. However, where the 26 FDA has approved one or more therapeutic and pharmaceutical equivalent, 27 as defined by the FDA, versions of a contraceptive drug, device, or 28 product, a contract is not required to include all such therapeutic and 29 pharmaceutical equivalent versions in its formulary, so long as at least 30 one is included and covered without cost-sharing and in accordance with 31 this clause. If the covered therapeutic and pharmaceutical equivalent 32 versions of a drug, device, or product are not available or are deemed 33 medically inadvisable a contract shall provide coverage for an alternate 34 therapeutic and pharmaceutical equivalent version of the contraceptive 35 drug, device, or product without cost-sharing. This coverage shall 36 include emergency contraception without cost-sharing when provided 37 pursuant to an ordinary prescription, non-patient specific regimen 38 order, or order under section sixty-eight hundred thirty-one of the 39 education law and when lawfully provided other than through a 40 prescription or order; and this coverage must allow for the dispensing 41 of twelve months worth of a contraceptive at one time. 42 § 4. Paragraph (d) of subdivision 3 of section 365-a of the social 43 services law, as amended by chapter 909 of the laws of 1974 and as 44 relettered by chapter 82 of the laws of 1995, is amended to read as 45 follows: 46 (d) family planning services and supplies for eligible persons of 47 childbearing age, including children under twenty-one years of age who 48 can be considered sexually active, who desire such services and 49 supplies, in accordance with the requirements of federal law and regu- 50 lations and the regulations of the department. Coverage of prescription 51 contraceptives, excluding emergency contraception, shall include the 52 dispensing of a twelve-month supply at one time. Notwithstanding any 53 inconsistent provision of law, the provision of a twelve-month supply of 54 contraceptives under the Medicaid program shall not apply to emergency 55 contraception. A prescription for contraceptives, with the exception of 56 a prescription for emergency contraception, may be filled twelve timesS. 7511--A 7 A. 9511--A 1 within one year from the date the prescriber initiated the prescription. 2 No person shall be compelled or coerced to accept such services or 3 supplies. 4 § 5. Subdivision 6 of section 6527 of the education law, as added by 5 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464 6 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws 7 of 2005, paragraph (e) as added by chapter 352 of the laws of 2014, 8 paragraph (f) as added by section 6 of part V of chapter 57 of the laws 9 of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016, 10 is amended to read as follows: 11 6. A licensed physician may prescribe and order a non-patient specific 12 regimen [to a registered professional nurse], pursuant to regulations 13 promulgated by the commissioner, and consistent with the public health 14 law, [for] to: 15 (a) a registered professional nurse for: 16 (i) administering immunizations[.]; 17 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 18 [(c)] (iii) administering purified protein derivative (PPD) tests or 19 other tests to detect or screen for tuberculosis infections[.]; 20 [(d)] (iv) administering tests to determine the presence of the human 21 immunodeficiency virus[.]; 22 [(e)] (v) administering tests to determine the presence of the hepati- 23 tis C virus[.]; 24 [(f)] (vi) emergency contraception, to be administered to or dispensed 25 to be self-administered by the patient, under section sixty-eight 26 hundred thirty-two of this title; 27 (vii) the urgent or emergency treatment of opioid related overdose or 28 suspected opioid related overdose[.]; or 29 [(g)] (viii) screening of persons at increased risk of syphilis, 30 gonorrhea and chlamydia. 31 (b) a licensed pharmacist, for dispensing emergency contraception, to 32 be self-administered by the patient, under section sixty-eight hundred 33 thirty-two of this title. 34 § 6. Subdivision 3 of section 6807 of the education law, as added by 35 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is 36 added to read as follows: 37 3. A pharmacist may dispense drugs and devices to a registered profes- 38 sional nurse, and a registered professional nurse may possess and admin- 39 ister, drugs and devices, pursuant to a non-patient specific regimen 40 prescribed or ordered by a licensed physician, licensed midwife or 41 certified nurse practitioner, pursuant to regulations promulgated by the 42 commissioner and the public health law. 43 4. A pharmacist may dispense a non-patient specific regimen of emer- 44 gency contraception, to be self-administered by the patient, prescribed 45 or ordered by a licensed physician, certified nurse practitioner, or 46 licensed midwife, under section sixty-eight hundred thirty-two of this 47 article. 48 § 7. The education law is amended by adding a new section 6832 to read 49 as follows: 50 § 6832. Emergency contraception; non-patient specific prescription or 51 order. 1. As used in this section, the following terms shall have the 52 following meanings, unless the context requires otherwise: 53 (a) "Emergency contraception" means one or more prescription or 54 nonprescription drugs, used separately or in combination, in a dosage 55 and manner for preventing pregnancy when used after intercourse, foundS. 7511--A 8 A. 9511--A 1 safe and effective for that use by the United States food and drug 2 administration, and dispensed or administered for that purpose. 3 (b) "Prescriber" means a licensed physician, certified nurse practi- 4 tioner or licensed midwife. 5 2. This section applies to the administering or dispensing of emergen- 6 cy contraception by a registered professional nurse or the dispensing of 7 emergency contraception by a licensed pharmacist pursuant to a 8 prescription or order for a non-patient specific regimen made by a pres- 9 criber under section sixty-five hundred twenty-seven, sixty-nine hundred 10 nine or sixty-nine hundred fifty-one of this title. This section does 11 not apply to administering or dispensing emergency contraception when 12 lawfully done without such a prescription or order. 13 3. The administering or dispensing of emergency contraception by a 14 registered professional nurse or the dispensing of emergency contracep- 15 tion by a licensed pharmacist shall be done in accordance with profes- 16 sional standards of practice and in accordance with written procedures 17 and protocols agreed to by the registered professional nurse or licensed 18 pharmacist and the prescriber or a hospital (licensed under article 19 twenty-eight of the public health law) that provides gynecological or 20 family planning services. 21 4. (a) When emergency contraception is administered or dispensed, the 22 registered professional nurse or licensed pharmacist shall provide to 23 the patient written material that includes: (i) the clinical consider- 24 ations and recommendations for use of the drug; (ii) the appropriate 25 method for using the drug; (iii) information on the importance of 26 follow-up health care; (iv) information on the health risks and other 27 dangers of unprotected intercourse; and (v) referral information relat- 28 ing to health care and services relating to sexual abuse and domestic 29 violence. 30 (b) Such written material shall be developed or approved by the 31 commissioner in consultation with the department of health and the Amer- 32 ican college of obstetricians and gynecologists. 33 § 8. Subdivision 4 of section 6909 of the education law, as added by 34 chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221 35 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws 36 of 2015, paragraph (d) as added by chapter 429 of the laws of 2005, 37 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f) 38 as added by section 5 of part V of chapter 57 of the laws of 2015 and 39 paragraph (g) as added by chapter 502 of the laws of 2016, is amended to 40 read as follows: 41 4. A certified nurse practitioner may prescribe and order a non-pa- 42 tient specific regimen [to a registered professional nurse], pursuant to 43 regulations promulgated by the commissioner, consistent with subdivision 44 three of section [six thousand nine] sixty-nine hundred two of this 45 article, and consistent with the public health law, for: 46 (a) a registered professional nurse for: 47 (i) administering immunizations[.]; 48 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 49 [(c)] (iii) administering purified protein derivative (PPD) tests or 50 other tests to detect or screen for tuberculosis infections[.]; 51 [(d)] (iv) administering tests to determine the presence of the human 52 immunodeficiency virus[.]; 53 [(e)] (v) administering tests to determine the presence of the hepati- 54 tis C virus[.];S. 7511--A 9 A. 9511--A 1 [(f)] (vi) emergency contraception, to be administered to or dispensed 2 to be self-administered by the patient, under section sixty-eight 3 hundred thirty-two of this title; 4 (vii) the urgent or emergency treatment of opioid related overdose or 5 suspected opioid related overdose[.]; or 6 [(g)] (viii) screening of persons at increased risk for syphilis, 7 gonorrhea and chlamydia. 8 (b) a licensed pharmacist, for dispensing emergency contraception, to 9 be self-administered by the patient, under section sixty-eight hundred 10 thirty-two of this title. 11 § 9. Subdivision 5 of section 6909 of the education law, as added by 12 chapter 573 of the laws of 1999, is amended to read as follows: 13 5. A registered professional nurse may execute a non-patient specific 14 regimen prescribed or ordered by a licensed physician, licensed midwife 15 or certified nurse practitioner, pursuant to regulations promulgated by 16 the commissioner. 17 § 10. Section 6951 of the education law is amended by adding a new 18 subdivision 4 to read as follows: 19 4. A licensed midwife may prescribe and order a non-patient specific 20 regimen pursuant to regulations promulgated by the commissioner, 21 consistent with this section and the public health law, to: 22 (a) a registered professional nurse for emergency contraception, to be 23 administered to or dispensed to be self-administered by the patient, 24 under section sixty-eight hundred thirty-two of this title; or 25 (b) a licensed pharmacist, for dispensing emergency contraception, to 26 be self-administered by the patient, under section sixty-eight hundred 27 thirty-two of this title. 28 § 11. Subdivision 1 of section 207 of the public health law is amended 29 by adding a new paragraph (o) to read as follows: 30 (o) Emergency contraception, including information about its safety, 31 efficacy, appropriate use and availability. 32 § 12. This act shall take effect January 1, 2019; provided that 33 section five of this act shall take effect January 1, 2020; provided, 34 however, that effective immediately, the addition, amendment and/or 35 repeal of any rule or regulation necessary for the implementation of 36 this act on its effective date are authorized and directed to be made 37 and completed by the commissioner of education and the board of regents 38 on or before such effective date. 39 PART B 40 Section 1. Section 4164 of the public health law is REPEALED. 41 § 2. Subdivision 8 of section 6811 of the education law is REPEALED. 42 § 3. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal 43 law are REPEALED, and the article heading of article 125 of the penal 44 law is amended to read as follows: 45 HOMICIDE[, ABORTION] AND RELATED OFFENSES 46 § 4. Section 125.00 of the penal law is amended to read as follows: 47 § 125.00 Homicide defined. 48 Homicide means conduct which causes the death of a person [or an49unborn child with which a female has been pregnant for more than twen-50ty-four weeks] under circumstances constituting murder, manslaughter in 51 the first degree, manslaughter in the second degree, or criminally 52 negligent homicide[, abortion in the first degree or self-abortion in53the first degree].S. 7511--A 10 A. 9511--A 1 § 5. The section heading, opening paragraph and subdivision 1 of 2 section 125.05 of the penal law are amended to read as follows: 3 Homicide[, abortion] and related offenses; [definitions of terms] 4 definition. 5 The following [definitions are] definition is applicable to this arti- 6 cle: 7 [1.] "Person," when referring to the victim of a homicide, means a 8 human being who has been born and is alive. 9 § 6. Subdivisions 2 and 3 of section 125.05 of the penal law are 10 REPEALED. 11 § 7. Subdivision 2 of section 125.15 of the penal law is REPEALED. 12 § 8. Subdivision 3 of section 125.20 of the penal law is REPEALED. 13 § 9. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 14 procedure law, as amended by chapter 368 of the laws of 2015, is amended 15 to read as follows: 16 (b) Any of the following felonies: assault in the second degree as 17 defined in section 120.05 of the penal law, assault in the first degree 18 as defined in section 120.10 of the penal law, reckless endangerment in 19 the first degree as defined in section 120.25 of the penal law, promot- 20 ing a suicide attempt as defined in section 120.30 of the penal law, 21 strangulation in the second degree as defined in section 121.12 of the 22 penal law, strangulation in the first degree as defined in section 23 121.13 of the penal law, criminally negligent homicide as defined in 24 section 125.10 of the penal law, manslaughter in the second degree as 25 defined in section 125.15 of the penal law, manslaughter in the first 26 degree as defined in section 125.20 of the penal law, murder in the 27 second degree as defined in section 125.25 of the penal law, murder in 28 the first degree as defined in section 125.27 of the penal law, 29 [abortion in the second degree as defined in section 125.40 of the penal30law, abortion in the first degree as defined in section 125.45 of the31penal law,] rape in the third degree as defined in section 130.25 of the 32 penal law, rape in the second degree as defined in section 130.30 of the 33 penal law, rape in the first degree as defined in section 130.35 of the 34 penal law, criminal sexual act in the third degree as defined in section 35 130.40 of the penal law, criminal sexual act in the second degree as 36 defined in section 130.45 of the penal law, criminal sexual act in the 37 first degree as defined in section 130.50 of the penal law, sexual abuse 38 in the first degree as defined in section 130.65 of the penal law, 39 unlawful imprisonment in the first degree as defined in section 135.10 40 of the penal law, kidnapping in the second degree as defined in section 41 135.20 of the penal law, kidnapping in the first degree as defined in 42 section 135.25 of the penal law, labor trafficking as defined in section 43 135.35 of the penal law, aggravated labor trafficking as defined in 44 section 135.37 of the penal law, custodial interference in the first 45 degree as defined in section 135.50 of the penal law, coercion in the 46 first degree as defined in section 135.65 of the penal law, criminal 47 trespass in the first degree as defined in section 140.17 of the penal 48 law, burglary in the third degree as defined in section 140.20 of the 49 penal law, burglary in the second degree as defined in section 140.25 of 50 the penal law, burglary in the first degree as defined in section 140.30 51 of the penal law, criminal mischief in the third degree as defined in 52 section 145.05 of the penal law, criminal mischief in the second degree 53 as defined in section 145.10 of the penal law, criminal mischief in the 54 first degree as defined in section 145.12 of the penal law, criminal 55 tampering in the first degree as defined in section 145.20 of the penal 56 law, arson in the fourth degree as defined in section 150.05 of theS. 7511--A 11 A. 9511--A 1 penal law, arson in the third degree as defined in section 150.10 of the 2 penal law, arson in the second degree as defined in section 150.15 of 3 the penal law, arson in the first degree as defined in section 150.20 of 4 the penal law, grand larceny in the fourth degree as defined in section 5 155.30 of the penal law, grand larceny in the third degree as defined in 6 section 155.35 of the penal law, grand larceny in the second degree as 7 defined in section 155.40 of the penal law, grand larceny in the first 8 degree as defined in section 155.42 of the penal law, health care fraud 9 in the fourth degree as defined in section 177.10 of the penal law, 10 health care fraud in the third degree as defined in section 177.15 of 11 the penal law, health care fraud in the second degree as defined in 12 section 177.20 of the penal law, health care fraud in the first degree 13 as defined in section 177.25 of the penal law, robbery in the third 14 degree as defined in section 160.05 of the penal law, robbery in the 15 second degree as defined in section 160.10 of the penal law, robbery in 16 the first degree as defined in section 160.15 of the penal law, unlawful 17 use of secret scientific material as defined in section 165.07 of the 18 penal law, criminal possession of stolen property in the fourth degree 19 as defined in section 165.45 of the penal law, criminal possession of 20 stolen property in the third degree as defined in section 165.50 of the 21 penal law, criminal possession of stolen property in the second degree 22 as defined by section 165.52 of the penal law, criminal possession of 23 stolen property in the first degree as defined by section 165.54 of the 24 penal law, trademark counterfeiting in the second degree as defined in 25 section 165.72 of the penal law, trademark counterfeiting in the first 26 degree as defined in section 165.73 of the penal law, forgery in the 27 second degree as defined in section 170.10 of the penal law, forgery in 28 the first degree as defined in section 170.15 of the penal law, criminal 29 possession of a forged instrument in the second degree as defined in 30 section 170.25 of the penal law, criminal possession of a forged instru- 31 ment in the first degree as defined in section 170.30 of the penal law, 32 criminal possession of forgery devices as defined in section 170.40 of 33 the penal law, falsifying business records in the first degree as 34 defined in section 175.10 of the penal law, tampering with public 35 records in the first degree as defined in section 175.25 of the penal 36 law, offering a false instrument for filing in the first degree as 37 defined in section 175.35 of the penal law, issuing a false certificate 38 as defined in section 175.40 of the penal law, criminal diversion of 39 prescription medications and prescriptions in the second degree as 40 defined in section 178.20 of the penal law, criminal diversion of 41 prescription medications and prescriptions in the first degree as 42 defined in section 178.25 of the penal law, residential mortgage fraud 43 in the fourth degree as defined in section 187.10 of the penal law, 44 residential mortgage fraud in the third degree as defined in section 45 187.15 of the penal law, residential mortgage fraud in the second degree 46 as defined in section 187.20 of the penal law, residential mortgage 47 fraud in the first degree as defined in section 187.25 of the penal law, 48 escape in the second degree as defined in section 205.10 of the penal 49 law, escape in the first degree as defined in section 205.15 of the 50 penal law, absconding from temporary release in the first degree as 51 defined in section 205.17 of the penal law, promoting prison contraband 52 in the first degree as defined in section 205.25 of the penal law, 53 hindering prosecution in the second degree as defined in section 205.60 54 of the penal law, hindering prosecution in the first degree as defined 55 in section 205.65 of the penal law, sex trafficking as defined in 56 section 230.34 of the penal law, criminal possession of a weapon in theS. 7511--A 12 A. 9511--A 1 third degree as defined in subdivisions two, three and five of section 2 265.02 of the penal law, criminal possession of a weapon in the second 3 degree as defined in section 265.03 of the penal law, criminal 4 possession of a weapon in the first degree as defined in section 265.04 5 of the penal law, manufacture, transport, disposition and defacement of 6 weapons and dangerous instruments and appliances defined as felonies in 7 subdivisions one, two, and three of section 265.10 of the penal law, 8 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 9 of weapons as defined in subdivision two of section 265.35 of the penal 10 law, relating to firearms and other dangerous weapons, or failure to 11 disclose the origin of a recording in the first degree as defined in 12 section 275.40 of the penal law; 13 § 10. Subdivision 1 of section 673 of the county law, as added by 14 chapter 545 of the laws of 1965, is amended to read as follows: 15 1. A coroner or medical examiner has jurisdiction and authority to 16 investigate the death of every person dying within his county, or whose 17 body is found within the county, which is or appears to be: 18 (a) A violent death, whether by criminal violence, suicide or casual- 19 ty; 20 (b) A death caused by unlawful act or criminal neglect; 21 (c) A death occurring in a suspicious, unusual or unexplained manner; 22 (d) [A death caused by suspected criminal abortion;23(e)] A death while unattended by a physician, so far as can be discov- 24 ered, or where no physician able to certify the cause of death as 25 provided in the public health law and in form as prescribed by the 26 commissioner of health can be found; 27 [(f)] (e) A death of a person confined in a public institution other 28 than a hospital, infirmary or nursing home. 29 § 11. Section 4 of the judiciary law, as amended by chapter 264 of the 30 laws of 2003, is amended to read as follows: 31 § 4. Sittings of courts to be public. The sittings of every court 32 within this state shall be public, and every citizen may freely attend 33 the same, except that in all proceedings and trials in cases for 34 divorce, seduction, [abortion,] rape, assault with intent to commit 35 rape, criminal sexual act, bastardy or filiation, the court may, in its 36 discretion, exclude therefrom all persons who are not directly inter- 37 ested therein, excepting jurors, witnesses, and officers of the court. 38 § 12. This act shall take effect immediately. 39 PART C 40 Section 1. The public health law is amended by adding a new section 41 2509 to read as follows: 42 § 2509. Maternal mortality review board. 1. There is hereby estab- 43 lished in the department the maternal mortality review board for the 44 purpose of reviewing maternal deaths, defined as cessation of respira- 45 tion and circulation for a woman within a year from the end of pregnan- 46 cy, to assess the cause of death and factors leading to death and 47 preventability for each maternal death reviewed and to develop strate- 48 gies for reducing the risk of maternal mortality, and to assess and 49 review maternal morbidity. The members of the board shall be composed of 50 multidisciplinary experts in the field of maternal mortality. The board 51 shall be composed of at least fifteen members, all of whom shall be 52 appointed by the commissioner. The commissioner may delegate the author- 53 ity to conduct maternal mortality reviews. 54 2. The board shall:S. 7511--A 13 A. 9511--A 1 (a) Make recommendations to the commissioner regarding the preventa- 2 bility of each maternal death case by reviewing relevant information for 3 each case in the state and consulting with experts as needed to evaluate 4 the information for each death. Such information shall not be subject to 5 article six of the public officers law. 6 (b) Keep confidential any information collected under this section and 7 this information shall be used solely for the purposes of improvement of 8 the quality of medical care of women to prevent maternal mortality. 9 Access to such information shall be limited to board members as well as 10 those authorized by the department. Such information shall not be admis- 11 sible as evidence in any action of any kind in any court or before any 12 other tribunal, board, agency or person. 13 (c) Develop recommendations to the commissioner for areas of focus, 14 including issues of severe maternal morbidity and racial disparities in 15 maternal outcomes. 16 3. The terms of the board members shall be three years from the start 17 of their appointment. The commissioner may choose to reappoint board 18 members to additional three year terms. 19 4. A majority of the appointed membership of the board, no less than 20 three, shall constitute a quorum. 21 5. When any member of the board fails to attend three consecutive 22 regular meetings, unless such absence is for good cause, that membership 23 may be deemed vacant for purposes of the appointment of a successor. 24 6. Meetings of the board shall be held at least twice a year but may 25 be held more frequently as deemed necessary, subject to request of the 26 department. 27 7. Members of the board shall be indemnified pursuant to section 28 seventeen of the public officers law. 29 8. The commissioner may request and shall receive upon request from 30 any department, division, board, bureau, commission, local health 31 departments or other agency of the state or political subdivision there- 32 of or any public authority, as well as hospitals established pursuant to 33 article twenty-eight of this chapter, birthing facilities, medical exam- 34 iners, coroners, and any coroner physicians and any other facility 35 providing services associated with maternal mortality, such information, 36 including, but not limited to, death records, medical records, autopsy 37 reports, toxicology reports, hospital discharge records, birth records 38 and any other information that will help the department under this 39 section to properly carry out its functions, powers and duties. 40 § 2. This act shall take effect immediately. 41 PART D 42 Section 1. Section 6523 of the education law, as amended by chapter 43 364 of the laws of 1991, is amended to read as follows: 44 § 6523. State board for medicine. A state board for medicine shall be 45 appointed by the board of regents on recommendation of the commissioner 46 for the purpose of assisting the board of regents and the department on 47 matters of professional licensing in accordance with section sixty-five 48 hundred eight of this title. The board shall be composed of not less 49 than twenty physicians licensed in this state for at least five years, 50 two of whom shall be doctors of osteopathy. At least one of the physi- 51 cian appointees to the state board for medicine shall be an expert on 52 reducing health disparities among demographic subgroups, and one shall 53 be an expert on women's health. The board shall also consist of not less 54 than two physician's assistants licensed to practice in this state. TheS. 7511--A 14 A. 9511--A 1 participation of physician's assistant members shall be limited to 2 matters relating to article one hundred thirty-one-B of this chapter. An 3 executive secretary to the board shall be appointed by the board of 4 regents on recommendation of the commissioner and shall be either a 5 physician licensed in this state or a non-physician, deemed qualified by 6 the commissioner and board of regents. 7 § 2. This act shall take effect immediately. 8 PART E 9 Section 1. Subdivision 17 of section 265.00 of the penal law is 10 amended by adding a new paragraph (c) to read as follows: 11 (c) any of the following offenses, where the defendant and the person 12 against whom the offense was committed were members of the same family 13 or household as defined in subdivision one of section 530.11 of the 14 criminal procedure law: assault in the third degree; menacing in the 15 third degree; menacing in the second degree; reckless endangerment in 16 the second degree; criminal obstruction of breathing or blood circu- 17 lation; unlawful imprisonment in the second degree; coercion in the 18 second degree; criminal mischief in the fourth degree; criminal tamper- 19 ing in the third degree; criminal contempt in the second degree; harass- 20 ment in the first degree; aggravated harassment in the second degree; 21 criminal trespass in the third degree; criminal trespass in the second 22 degree; reckless endangerment of property; arson in the fifth degree; 23 endangering the welfare of an incompetent or physically disabled person 24 in the second degree; unlawful publication of sexual images; attempt to 25 commit any of the above-listed offenses. 26 § 2. The criminal procedure law is amended by adding a new section 27 370.20 to read as follows: 28 § 370.20 Procedure for determining whether certain misdemeanor crimes 29 are serious offenses under the penal law. 30 1. When a defendant has been charged with assault in the third degree, 31 menacing in the third degree, menacing in the second degree, reckless 32 endangerment in the second degree, criminal obstruction of breathing or 33 blood circulation, unlawful imprisonment in the second degree, coercion 34 in the second degree, criminal mischief in the fourth degree, criminal 35 tampering in the third degree, criminal contempt in the second degree, 36 harassment in the first degree, aggravated harassment in the second 37 degree, criminal trespass in the third degree, criminal trespass in the 38 second degree, reckless endangerment of property, arson in the fifth 39 degree, endangering the welfare of an incompetent or physically disa- 40 bled person in the second degree, unlawful publication of sexual 41 images, or attempt to commit any of the above-listed offenses, the 42 people may, at arraignment or no later than forty-five days after 43 arraignment, for the purpose of notification to the division of criminal 44 justice services pursuant to section 380.98 of this part, serve on the 45 defendant and file with the court a notice alleging that the defendant 46 and the person alleged to be the victim of such crime were members of 47 the same family or household as defined in subdivision one of section 48 530.11 of this chapter. 49 2. Such notice shall include the name of the person alleged to be the 50 victim of such crime and shall specify the nature of the alleged 51 relationship as set forth in subdivision one of section 530.11 of this 52 chapter. Upon conviction of such offense, the court shall advise the 53 defendant that he or she is entitled to a hearing solely on the allega- 54 tion contained in the notice and, if necessary, an adjournment of theS. 7511--A 15 A. 9511--A 1 sentencing proceeding in order to prepare for such hearing, and that if 2 such allegation is sustained, that determination and conviction will be 3 reported to the division of criminal justice services. 4 3. After having been advised by the court as provided in subdivision 5 two of this section, the defendant may stipulate or admit, orally on the 6 record or in writing, that he or she is related or situated to the 7 victim of such crime in the manner described in subdivision one of this 8 section. In such case, such relationship shall be deemed established for 9 purposes of section 380.98 of this part. If the defendant denies that he 10 or she is related or situated to the victim of the crime as alleged in 11 the notice served by the people, or stands mute with respect to such 12 allegation, then the people shall bear the burden to prove beyond a 13 reasonable doubt that the defendant is related or situated to the victim 14 in the manner alleged in the notice. The court may consider reliable 15 hearsay evidence submitted by either party provided that it is relevant 16 to the determination of the allegation. Facts previously proven at trial 17 or elicited at the time of entry of a plea of guilty shall be deemed 18 established beyond a reasonable doubt and shall not be relitigated. At 19 the conclusion of the hearing, or upon such a stipulation or admission, 20 as applicable, the court shall make a specific written determination 21 with respect to such allegation. 22 § 3. The criminal procedure law is amended by adding a new section 23 380.98 to read as follows: 24 § 380.98 Notification to division of criminal justice services of 25 certain misdemeanor convictions. 26 Upon judgment of conviction of assault in the third degree, menacing 27 in the third degree, menacing in the second degree, reckless endanger- 28 ment in the second degree, criminal obstruction of breathing or blood 29 circulation, unlawful imprisonment in the second degree, coercion in the 30 second degree, criminal mischief in the fourth degree, criminal tamper- 31 ing in the third degree, criminal contempt in the second degree, harass- 32 ment in the first degree, or aggravated harassment in the second degree, 33 criminal trespass in the third degree, criminal trespass in the second 34 degree, reckless endangerment of property, arson in the fifth degree, 35 endangering the welfare of an incompetent or physically disabled person 36 in the second degree, unlawful publication of sexual images, or attempt 37 to commit any of the above-listed offenses, when the defendant and 38 victim have been determined, pursuant to section 370.20 of this part, to 39 be members of the same family or household as defined in subdivision one 40 of section 530.11 of this chapter, the clerk of the court shall include 41 notification and a copy of the written determination in a report of such 42 conviction to the division of criminal justice services to enable the 43 division to report such determination to the Federal Bureau of Investi- 44 gation and assist the bureau in identifying persons prohibited from 45 purchasing and possessing a firearm or other weapon due to conviction 46 of an offense specified in paragraph c of subdivision seventeen of 47 section 265.00 of the penal law. 48 § 4. Section 530.14 of the criminal procedure law is REPEALED and a 49 new section 530.14 is added to read as follows: 50 § 530.14 Suspension and revocation of a license to carry, possess, 51 repair or dispose of a firearm or firearms pursuant to 52 section 400.00 of the penal law and ineligibility for such a 53 license; order to surrender weapons. 54 1. Whenever a temporary order of protection is issued pursuant to 55 subdivision one of section 530.12 or subdivision one of section 530.13 56 of this article the court shall suspend any firearms license possessedS. 7511--A 16 A. 9511--A 1 by the defendant, order the defendant ineligible for such a license and 2 order the immediate surrender pursuant to subparagraph (f) of paragraph 3 one of subdivision a of section 265.20 and subdivision six of section 4 400.05 of the penal law, of all pistols, revolvers, rifles, shotguns and 5 any other firearms owned or possessed by the defendant. 6 2. Whenever an order of protection is issued pursuant to subdivision 7 five of section 530.12 or subdivision four of section 530.13 of this 8 article the court shall revoke, suspend or continue to suspend any 9 firearms license possessed by the defendant, order the defendant ineli- 10 gible for such a license and order the immediate surrender pursuant to 11 subparagraph (f) of paragraph one of subdivision a of section 265.20 and 12 subdivision six of section 400.05 of the penal law, of all pistols, 13 revolvers, rifles, shotguns and any other firearms owned or possessed by 14 the defendant. 15 3. Whenever a defendant has been found pursuant to subdivision eleven 16 of section 530.12 or subdivision eight of section 530.13 of this article 17 to have willfully failed to obey an order of protection issued by a 18 court of competent jurisdiction in this state or another state, territo- 19 rial or tribal jurisdiction, in addition to any other remedies available 20 pursuant to subdivision eleven of section 530.12 or subdivision eight of 21 section 530.13 of this article, the court shall revoke, suspend or 22 continue to suspend any firearms license possessed by the defendant, 23 order the defendant ineligible for such a license and order the immedi- 24 ate surrender pursuant to subparagraph (f) of paragraph one of subdivi- 25 sion a of section 265.20 and subdivision six of section 400.05 of the 26 penal law, of all pistols, revolvers, rifles, shotguns and any other 27 firearms owned or possessed by the defendant. 28 4. Suspension. Any suspension order issued pursuant to this section 29 shall remain in effect for the duration of the temporary order of 30 protection or order of protection, unless modified or vacated by the 31 court. 32 5. Surrender. (a) Where an order to surrender one or more pistols, 33 revolvers, rifles, shotguns or other firearms has been issued, the 34 temporary order of protection or order of protection shall specify the 35 place where such weapons shall be surrendered, shall specify a date and 36 time by which the surrender shall be completed and, to the extent possi- 37 ble, shall describe such weapons to be surrendered, and shall direct the 38 authority receiving such surrendered weapons to immediately notify the 39 court of such surrender. 40 (b) The prompt surrender of one or more pistols, revolvers, rifles, 41 shotguns or other firearms pursuant to a court order issued pursuant to 42 this section shall be considered a voluntary surrender for purposes of 43 subparagraph (f) of paragraph one of subdivision a of section 265.20 of 44 the penal law. The disposition of any such weapons shall be in accord- 45 ance with the provisions of subdivision six of section 400.05 of the 46 penal law. 47 (c) The provisions of this section shall not be deemed to limit, 48 restrict or otherwise impair the authority of the court to order and 49 direct the surrender of any or all pistols, revolvers, rifles, shotguns 50 or other firearms owned or possessed by a defendant pursuant to section 51 530.12 or 530.13 of this article. 52 6. Notice. (a) Where an order requiring surrender, revocation, 53 suspension or ineligibility has been issued pursuant to this section, 54 any temporary order of protection or order of protection issued shall 55 state that such firearm license has been suspended or revoked or that 56 the defendant is ineligible for such license, as the case may be, andS. 7511--A 17 A. 9511--A 1 that the defendant is prohibited from possessing any pistol, revolver, 2 rifle, shotgun or other firearm. 3 (b) The court revoking or suspending the license, ordering the defend- 4 ant ineligible for such a license, or ordering the surrender of any 5 pistol, revolver, rifle, shotgun or other firearm shall immediately 6 notify the duly constituted police authorities of the locality concern- 7 ing such action and, in the case of orders of protection and temporary 8 orders of protection issued pursuant to section 530.12 of this article, 9 shall immediately notify the statewide registry of orders of protection. 10 (c) The court revoking or suspending the license or ordering the 11 defendant ineligible for such a license shall give written notice there- 12 of without unnecessary delay to the division of state police at its 13 office in the city of Albany. 14 (d) Where an order of revocation, suspension, ineligibility or surren- 15 der is modified or vacated, the court shall immediately notify the 16 statewide registry of orders of protection and the duly constituted 17 police authorities of the locality concerning such action and shall give 18 written notice thereof without unnecessary delay to the division of 19 state police at its office in the city of Albany. 20 7. Hearing. The defendant shall have the right to a hearing before 21 the court regarding any revocation, suspension, ineligibility or surren- 22 der order issued pursuant to this section, provided that nothing in this 23 subdivision shall preclude the court from issuing any such order prior 24 to a hearing. Where the court has issued such an order prior to a hear- 25 ing, it shall commence such hearing within fourteen days of the date 26 such order was issued. 27 8. Nothing in this section shall delay or otherwise interfere with the 28 issuance of a temporary order of protection or the timely arraignment of 29 a defendant in custody. 30 § 5. Section 842-a of the family court act is REPEALED and a new 31 section 842-a is added to read as follows: 32 § 842-a. Suspension and revocation of a license to carry, possess, 33 repair or dispose of a firearm or firearms pursuant to section 400.00 of 34 the penal law and ineligibility for such a license; order to surrender 35 weapons. 1. Whenever a temporary order of protection is issued pursuant 36 to section eight hundred twenty-eight of this article, or pursuant to 37 article four, five, six, seven or ten of this act the court shall 38 suspend any firearms license possessed by the respondent, order the 39 respondent ineligible for such a license and order the immediate surren- 40 der pursuant to subparagraph (f) of paragraph one of subdivision a of 41 section 265.20 and subdivision six of section 400.05 of the penal law, 42 of all pistols, revolvers, rifles, shotguns and any other firearms 43 owned or possessed by the respondent. 44 2. Whenever an order of protection is issued pursuant to section eight 45 hundred forty-one of this part, or pursuant to article four, five, six, 46 seven or ten of this act the court shall revoke, suspend or continue to 47 suspend any firearms license possessed by the respondent, order the 48 respondent ineligible for such a license and order the immediate surren- 49 der pursuant to subparagraph (f) of paragraph one of subdivision a of 50 section 265.20 and subdivision six of section 400.05 of the penal law, 51 of all pistols, revolvers, rifles, shotguns and any other firearms owned 52 or possessed by the respondent. 53 3. Whenever a respondent has been found pursuant to section eight 54 hundred forty-six-a of this part to have willfully failed to obey an 55 order of protection or temporary order of protection issued pursuant to 56 this act or the domestic relations law, or by this court or by a courtS. 7511--A 18 A. 9511--A 1 of competent jurisdiction in this state or another state, territorial 2 or tribal jurisdiction, in addition to any other remedies available 3 pursuant to section eight hundred forty-six-a of this part, the court 4 shall revoke, suspend or continue to suspend any firearms license 5 possessed by the respondent, order the respondent ineligible for such a 6 license and order the immediate surrender pursuant to subparagraph (f) 7 of paragraph one of subdivision a of section 265.20 and subdivision six 8 of section 400.05 of the penal law, of all pistols, revolvers, rifles, 9 shotguns and any other firearms owned or possessed by the respondent. 10 4. Suspension. Any suspension order issued pursuant to this section 11 shall remain in effect for the duration of the temporary order of 12 protection or order of protection, unless modified or vacated by the 13 court. 14 5. Surrender. (a) Where an order to surrender one or more pistols, 15 revolvers, rifles, shotguns or other firearms has been issued, the 16 temporary order of protection or order of protection shall specify the 17 place where such weapons shall be surrendered, shall specify a date and 18 time by which the surrender shall be completed and, to the extent 19 possible, shall describe such weapons to be surrendered, and shall 20 direct the authority receiving such surrendered weapons to immediately 21 notify the court of such surrender. 22 (b) The prompt surrender of one or more pistols, revolvers, rifles, 23 shotguns or other firearms pursuant to a court order issued pursuant to 24 this section shall be considered a voluntary surrender for purposes of 25 subparagraph (f) of paragraph one of subdivision a of section 265.20 of 26 the penal law. The disposition of any such weapons shall be in accord- 27 ance with the provisions of subdivision six of section 400.05 of the 28 penal law. 29 (c) The provisions of this section shall not be deemed to limit, 30 restrict or otherwise impair the authority of the court to order and 31 direct the surrender of any or all pistols, revolvers, rifles, shotguns 32 or other firearms owned or possessed by a respondent pursuant to this 33 act. 34 6. Notice. (a) Where an order requiring surrender, revocation, suspen- 35 sion or ineligibility has been issued pursuant to this section, any 36 temporary order of protection or order of protection issued shall state 37 that such firearm license has been suspended or revoked or that the 38 respondent is ineligible for such license, as the case may be, and that 39 the respondent is prohibited from possessing any pistol, revolver, 40 rifle, shotgun or other firearm. 41 (b) The court revoking or suspending the license, ordering the 42 respondent ineligible for such a license, or ordering the surrender of 43 any pistol, revolver, rifle, shotgun or other firearm shall immediately 44 notify the statewide registry of orders of protection and the duly 45 constituted police authorities of the locality of such action. 46 (c) The court revoking or suspending the license or ordering the 47 respondent ineligible for such a license shall give written notice ther- 48 eof without unnecessary delay to the division of state police at its 49 office in the city of Albany. 50 (d) Where an order of revocation, suspension, ineligibility or surren- 51 der is modified or vacated, the court shall immediately notify the 52 statewide registry of orders of protection and the duly constituted 53 police authorities of the locality concerning such action and shall give 54 written notice thereof without unnecessary delay to the division of 55 state police at its office in the city of Albany.S. 7511--A 19 A. 9511--A 1 7. Hearing. The respondent shall have the right to a hearing before 2 the court regarding any revocation, suspension, ineligibility or surren- 3 der order issued pursuant to this section, provided that nothing in 4 this subdivision shall preclude the court from issuing any such order 5 prior to a hearing. Where the court has issued such an order prior to a 6 hearing, it shall commence such hearing within fourteen days of the 7 date such order was issued. 8 8. Nothing in this section shall delay or otherwise interfere with the 9 issuance of a temporary order of protection. 10 § 6. Subdivision 4 of section 265.01 of the penal law, as amended by 11 chapter 1 of the laws of 2013, is amended to read as follows: 12 (4) He or she possesses a rifle, shotgun, antique firearm, black 13 powder rifle, black powder shotgun, or any muzzle-loading firearm, and 14 has been convicted of a felony or serious offense or is the subject of 15 an outstanding warrant of arrest issued upon the alleged commission of a 16 felony or serious offense; or 17 § 7. Paragraph (c) of subdivision 1 of section 400.00 of the penal 18 law, as amended by chapter 1 of the laws of 2013, is amended to read as 19 follows: 20 (c) who has not been convicted anywhere of a felony or a serious 21 offense or who is not the subject of an outstanding warrant of arrest 22 issued upon the alleged commission of a felony or serious offense; 23 § 8. This act shall take effect on the thirtieth day after it shall 24 have become a law. 25 PART F 26 Section 1. The penal law is amended by adding three new sections 27 250.62, 250.63 and 250.64 to read as follows: 28 § 250.62 Sexual extortion in the third degree. 29 A person is guilty of sexual extortion in the third degree when he or 30 she, with the intent to satisfy, in whole or substantial part his or her 31 own sexual gratification, compels or induces another person to expose 32 his or her sexual or intimate parts or engage in sexual conduct by 33 instilling a fear in him or her that, if the demand is not complied 34 with, the actor will perform an act intended to harm another person with 35 respect to his or her health, safety, business, career, financial condi- 36 tion, reputation or personal relationships. 37 Sexual extortion in the third degree is a class E felony. 38 § 250.63 Sexual extortion in the second degree. 39 A person is guilty of sexual extortion in the second degree when he or 40 she with intent to satisfy, in whole or substantial part his or her own 41 sexual gratification, compels or induces another person less than seven- 42 teen years old to expose his or her sexual or intimate parts or engage 43 in sexual conduct by instilling a fear in him or her that, if the demand 44 is not complied with, the actor will perform an act intended to harm 45 another person with respect to his other health, safety, business, 46 career, financial condition, reputation or personal relationships. 47 Sexual extortion in the second degree is a class D felony. 48 § 250.64 Sexual extortion in the first degree. 49 A person is guilty of sexual extortion in the first degree when he or 50 she, with the intent to satisfy, in whole or substantial part his or her 51 own sexual gratification, compels or induces another person less than 52 fifteen years old to expose his or her sexual or intimate parts or 53 engage in sexual conduct by instilling a fear in him or her that, if the 54 demand is not complied with, the actor will perform an act intended toS. 7511--A 20 A. 9511--A 1 harm another person with respect to his or her health, safety, business, 2 career, financial condition, reputation or personal relationships. 3 Sexual extortion in the first degree is a class C felony. 4 § 2. The opening paragraph of subdivision 1 of section 812 of the 5 family court act, as amended by chapter 526 of the laws of 2013, is 6 amended to read as follows: 7 The family court and the criminal courts shall have concurrent juris- 8 diction over any proceeding concerning acts which would constitute 9 disorderly conduct, harassment in the first degree, harassment in the 10 second degree, aggravated harassment in the second degree, sexual 11 misconduct, forcible touching, sexual abuse in the third degree, sexual 12 abuse in the second degree as set forth in subdivision one of section 13 130.60 of the penal law, stalking in the first degree, stalking in the 14 second degree, stalking in the third degree, stalking in the fourth 15 degree, criminal mischief, menacing in the second degree, menacing in 16 the third degree, reckless endangerment, criminal obstruction of breath- 17 ing or blood circulation, strangulation in the second degree, strangula- 18 tion in the first degree, assault in the second degree, assault in the 19 third degree, an attempted assault, identity theft in the first degree, 20 identity theft in the second degree, identity theft in the third degree, 21 grand larceny in the fourth degree, grand larceny in the third degree or 22 coercion in the second degree as set forth in subdivisions one, two and 23 three of section 135.60 of the penal law, unlawful publication of sexual 24 images as set forth in section 250.61 of the penal law, sexual extortion 25 in the third degree as set forth in section 250.62 of the penal law, 26 sexual extortion in the second degree as set forth in section 250.63 of 27 the penal law, or sexual extortion in the first degree as set forth is 28 section 250.64 of the penal law between spouses or former spouses, or 29 between parent and child or between members of the same family or house- 30 hold except that if the respondent would not be criminally responsible 31 by reason of age pursuant to section 30.00 of the penal law, then the 32 family court shall have exclusive jurisdiction over such proceeding. 33 Notwithstanding a complainant's election to proceed in family court, the 34 criminal court shall not be divested of jurisdiction to hear a family 35 offense proceeding pursuant to this section. In any proceeding pursuant 36 to this article, a court shall not deny an order of protection, or 37 dismiss a petition, solely on the basis that the acts or events alleged 38 are not relatively contemporaneous with the date of the petition, the 39 conclusion of the fact-finding or the conclusion of the dispositional 40 hearing. For purposes of this article, "disorderly conduct" includes 41 disorderly conduct not in a public place. For purposes of this article, 42 "members of the same family or household" shall mean the following: 43 § 3. Paragraph (a) of subdivision 1 of section 821 of the family court 44 act, as amended by chapter 526 of the laws of 2013, is amended to read 45 as follows: 46 (a) An allegation that the respondent assaulted or attempted to 47 assault his or her spouse, or former spouse, parent, child or other 48 member of the same family or household or engaged in disorderly conduct, 49 harassment, sexual misconduct, forcible touching, sexual abuse in the 50 third degree, sexual abuse in the second degree as set forth in subdivi- 51 sion one of section 130.60 of the penal law, stalking, criminal 52 mischief, menacing, reckless endangerment, criminal obstruction of 53 breathing or blood circulation, strangulation, identity theft in the 54 first degree, identity theft in the second degree, identity theft in the 55 third degree, grand larceny in the fourth degree, grand larceny in the 56 third degree or coercion in the second degree as set forth in subdivi-S. 7511--A 21 A. 9511--A 1 sions one, two and three of section 135.60 of the penal law, unlawful 2 publication of sexual images as set forth in section 250.61 of the penal 3 law, sexual extortion in the third degree as set forth in section 250.62 4 of the penal law, sexual extortion in the second degree as set forth in 5 section 250.63 of the penal law, or sexual extortion in the first degree 6 as set forth in section 250.64 of the penal law toward any such person; 7 § 4. The opening paragraph of subdivision 1 of section 530.11 of the 8 criminal procedure law, as amended by chapter 526 of the laws of 2013, 9 is amended to read as follows: 10 The family court and the criminal courts shall have concurrent juris- 11 diction over any proceeding concerning acts which would constitute 12 disorderly conduct, harassment in the first degree, harassment in the 13 second degree, aggravated harassment in the second degree, sexual 14 misconduct, forcible touching, sexual abuse in the third degree, sexual 15 abuse in the second degree as set forth in subdivision one of section 16 130.60 of the penal law, stalking in the first degree, stalking in the 17 second degree, stalking in the third degree, stalking in the fourth 18 degree, criminal mischief, menacing in the second degree, menacing in 19 the third degree, reckless endangerment, strangulation in the first 20 degree, strangulation in the second degree, criminal obstruction of 21 breathing or blood circulation, assault in the second degree, assault in 22 the third degree, an attempted assault, identity theft in the first 23 degree, identity theft in the second degree, identity theft in the third 24 degree, grand larceny in the fourth degree, grand larceny in the third 25 degree or coercion in the second degree as set forth in subdivisions 26 one, two and three of section 135.60 of the penal law, unlawful publica- 27 tion of sexual images as set forth in section 250.61 of the penal law, 28 sexual extortion in the third degree as as set forth in section 250.62 29 of the penal law, sexual extortion in the second degree as set forth in 30 section 250.63 of the penal law, or sexual extortion in the first degree 31 as set forth in section 250.64 of the penal law between spouses or 32 former spouses, or between parent and child or between members of the 33 same family or household except that if the respondent would not be 34 criminally responsible by reason of age pursuant to section 30.00 of the 35 penal law, then the family court shall have exclusive jurisdiction over 36 such proceeding. Notwithstanding a complainant's election to proceed in 37 family court, the criminal court shall not be divested of jurisdiction 38 to hear a family offense proceeding pursuant to this section. For 39 purposes of this section, "disorderly conduct" includes disorderly 40 conduct not in a public place. For purposes of this section, "members of 41 the same family or household" with respect to a proceeding in the crimi- 42 nal courts shall mean the following: 43 § 5. The penal law is amended by adding a new section 250.61 to read 44 as follows: 45 § 250.61 Unlawful publication of sexual images. 46 A person is guilty of unlawful publication of sexual images when he or 47 she, with the intent to harm or cause serious emotional distress to 48 another: (a) publishes, broadcasts, or in any other way disseminates 49 images of the sexual or other intimate parts of a person personally 50 known to them; or (b) compels another to engage in conduct by means of 51 instilling fear that if the demand to engage in such conduct is not 52 complied with, he or she will publish, broadcast, or in any other way 53 disseminate images of the sexual or other intimate parts of another 54 person personally known to them, and the depicted person suffers serious 55 emotional distress as a result of the publication, broadcast or dissem-S. 7511--A 22 A. 9511--A 1 ination, or the compulsion thereof, and the publication or broadcast was 2 done without consent of the person. 3 Unlawful publication of a sexual image is a class A misdemeanor. 4 § 6. Subparagraph (i) of paragraph (a) of subdivision 2 of section 5 168-a of the correction law, as amended by chapter 368 of the laws of 6 2015, is amended to read as follows: 7 2. "Sex offense" means: (a) (i) a conviction of or a conviction for an 8 attempt to commit any of the provisions of sections 120.70, 130.20, 9 130.25, 130.30, 130.40, 130.45, 130.60, 230.34, 250.50, 250.61, 250.62, 10 250.63, 250.64, 255.25, 255.26 and 255.27 or article two hundred sixty- 11 three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of 12 such law relating to kidnapping offenses, provided the victim of such 13 kidnapping or related offense is less than seventeen years old and the 14 offender is not the parent of the victim, or section 230.04, where the 15 person patronized is in fact less than seventeen years of age, 230.05, 16 230.06, 230.11, 230.12, 230.13, subdivision two of section 230.30, 17 section 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of 18 the penal law where the person prostituted is in fact less than seven- 19 teen years old, or 20 § 7. This act shall take effect immediately, provided however that 21 sections two, three, and four of this act shall take effect on the first 22 of November next succeeding the date on which it shall have become a 23 law. 24 PART G 25 Section 1. Subdivision 4 of section 2805-i of the public health law is 26 REPEALED. 27 § 2. Subdivision 2 of section 2805-i of the public health law, as 28 amended by chapter 504 of the laws of 1994, is amended to read as 29 follows: 30 2. The sexual offense evidence shall be collected and kept in a locked 31 separate and secure area for not less than [thirty days] the longer of 32 five years or the date the alleged sexual offense victim reaches the age 33 of nineteen, unless: (a) such evidence is not privileged and the police 34 request its surrender before that time, which request shall be complied 35 with; or (b) such evidence is privileged and (i) the alleged sexual 36 offense victim nevertheless gives permission to turn such privileged 37 evidence over to the police before that time, or (ii) the alleged sexual 38 offense victim signs a statement directing the hospital to not collect 39 and keep such privileged evidence, which direction shall be complied 40 with. The sexual offense evidence shall include, but not be limited to, 41 slides, cotton swabs, clothing and other items. Where appropriate such 42 items must be refrigerated and the clothes and swabs must be dried, 43 stored in paper bags and labeled. Each item of evidence shall be marked 44 and logged with a code number corresponding to the patient's medical 45 record. [The] Within thirty days of collection of evidence, the alleged 46 sexual offense victim shall be notified that after [thirty days] the 47 longer of five years or the date the alleged sexual offense victim 48 reaches the age of nineteen, the refrigerated evidence will be discarded 49 in compliance with state and local health codes and the alleged sexual 50 offense victim's clothes will be returned to the alleged sexual offense 51 victim upon request. The hospital shall ensure that diligent efforts are 52 made to contact the alleged sexual offense victim and repeat such 53 notification more than thirty days prior to the evidence being discarded 54 in accordance with this section. Hospitals may enter into contracts withS. 7511--A 23 A. 9511--A 1 other entities that will ensure appropriate storage of sexual offense 2 evidence pursuant to this subdivision. 3 § 3. This act shall take effect immediately. 4 PART H 5 Section 1. Section 292 of the executive law is amended by adding a new 6 subdivision 35 to read as follows: 7 35. The term "educational institution" shall mean: 8 (a) any education corporation or association which holds itself out to 9 the public to be non-secretarian and exempt from taxation pursuant to 10 the provisions of article four of the real property tax law; or 11 (b) any public school, including any school district, board of cooper- 12 ative education services, public college or public university. 13 § 2. Subdivision 4 of section 296 of the executive law, as amended by 14 chapter 106 of the laws of 2003, is amended to read as follows: 15 4. It shall be an unlawful discriminatory practice for an [education16corporation or association which holds itself out to the public to be17non-sectarian and exempt from taxation pursuant to the provisions of18article four of the real property tax law] educational institution to 19 deny the use of its facilities to any person otherwise qualified, or to 20 permit the harassment of any student or applicant, by reason of his 21 race, color, religion, disability, national origin, sexual orientation, 22 military status, sex, age or marital status, except that any such insti- 23 tution which establishes or maintains a policy of educating persons of 24 one sex exclusively may admit students of only one sex. 25 § 3. This act shall take effect immediately. 26 PART I 27 Section 1. This Part enacts into law major components of legislation 28 which are necessary to combat sexual harassment in the workplace. Each 29 component is wholly contained within a Subpart identified as Subparts A 30 through F. The effective date for each particular provision contained 31 within such Subpart is set forth in the last section of such Subpart. 32 Any provision in any section contained within a Subpart, including the 33 effective date of the Subpart, which makes a reference to a section "of 34 this act," when used in connection with that particular component, shall 35 be deemed to mean and refer to the corresponding section of the Subpart 36 in which it is found. Section three of this Part sets forth the general 37 effective date of the Part. 38 SUBPART A 39 Section 1. The state finance law is amended by adding a new section 40 148 to read as follows: 41 § 148. Reporting of sexual harassment violations by state contractors. 42 1. Definitions. As used in this section, the following terms shall have 43 the following meanings unless otherwise specified: 44 a. "State agency" means (1) (a) any state department, or (b) any divi- 45 sion, board, commission or bureau of any state department, or (c) the 46 state university of New York and the city university of New York, 47 including all their constituent units except community colleges and the 48 independent institutions operating statutory or contract colleges on 49 behalf of the state, or (d) a board or commission, a majority of whoseS. 7511--A 24 A. 9511--A 1 members are appointed by the governor; and (2) a "state authority", as 2 defined in subdivision one of section two of the public authorities law. 3 b. "Owner" means an owner of a business entity, which includes but is 4 not limited to a shareholder of a corporation that is not publicly trad- 5 ed, a partner in a partnership or limited liability partnership, a 6 member of a limited liability company, a general partner or limited 7 partner of a limited partnership. 8 c. "Manager" means a director or executive officer of a business enti- 9 ty, which includes but is not limited to a director of a corporation and 10 a manager of a limited liability company. 11 d. "Sexual harassment violation" means a claim of sexual harassment 12 that has been determined to be substantiated in accordance with applica- 13 ble law or the internal policies of the contractor. 14 e. "Sexual harassment" means unwelcome sexual advances, requests for 15 sexual favors, or other verbal or physical conduct of a sexual nature if 16 such conduct is made either explicitly or implicitly a term or condition 17 of employment, or submission to or rejection of such conduct is used as 18 the basis for employment decisions affecting an individual's employment, 19 or such conduct has the purpose or effect of unreasonably interfering 20 with an individual's work performance or creating an intimidating, 21 hostile or offensive work environment, even if the complaining individ- 22 ual is not the intended target of the sexual harassment. 23 f. "Contract" means the same as "procurement contract" as defined in 24 subdivision g of section one hundred thirty-nine-k of the state finance 25 law. 26 2. A clause shall be inserted in all contracts hereafter made or 27 awarded by the state, or by any state agency, requiring a contractor to 28 whom any contract shall be let, granted or awarded, as required by law, 29 to certify to the office of general services not later than June thirti- 30 eth of each year during the term of the contract information relating to 31 the issue of sexual harassment, which shall include, among other things, 32 the following: (i) the number of sexual harassment violations and/or 33 determinations asserted against or committed by any owner, manager, or 34 employee of the contractor in the previous calendar year; (ii) the 35 number of settlement agreements containing nondisclosure provisions that 36 have been executed by the contractor in the previous calendar year where 37 such settlement agreement resolves any sexual harassment claim asserted 38 against or committed by any owner, manager, or employee of the contrac- 39 tor; and (iii) a description of training provided to employees relating 40 to sexual harassment prevention in the workplace. The above-referenced 41 clause shall also require the contractor to submit such certification 42 using a form of certification provided by the office of general 43 services. 44 3. The office of general services shall prepare an annual report which 45 identifies the aggregate number of sexual harassment violations, the 46 aggregate number of settlement agreements containing nondisclosure 47 provisions, and the aggregate number of businesses providing sexual 48 harassment training in the workplace reported to the office of general 49 services during the preceding year. The report shall be provided to the 50 governor, the speaker of the assembly and the temporary president of the 51 senate on or before November first of each year commencing with the 52 November first in the year immediately following the effective date of 53 the legislation. 54 § 2. This act shall take effect on the one hundred eightieth day after 55 it shall have become a law.S. 7511--A 25 A. 9511--A 1 SUBPART B 2 Section 1. The general business law is amended by adding a new section 3 398-f to read as follows: 4 § 398-f. Certain contract clauses; prohibited. 1. Definitions. As 5 used in this section: 6 a. The term "employer" shall have the same meaning as provided in 7 subdivision five of section two hundred ninety-two of the executive law. 8 b. The term "sexual harassment" shall include unwelcome sexual 9 advances, requests for sexual favors, and other verbal or physical 10 conduct of a sexual nature when: (i) submission to such conduct is made 11 either explicitly or implicitly a term or condition of an individual's 12 employment; (ii) submission to or rejection of such conduct by an indi- 13 vidual is used as the basis for employment decisions affecting such 14 individual; or (iii) such conduct has the purpose or effect of interfer- 15 ing with an individual's work performance or creating an intimidating, 16 hostile, or offensive working environment. 17 2. Prohibition. On or after the effective date of this section, no 18 employer shall force an employee or prospective employee to enter into a 19 written contract if such contract would restrict or limit such employ- 20 ee's ability to bring or adjudicate claims relating to unlawful discri- 21 minatory practices based on sexual harassment in any forum. 22 3. Where there is a conflict between any collective bargaining agree- 23 ment and this section, such agreement shall be controlling. 24 § 2. This act shall take effect on the first of January next succeed- 25 ing the date on which it shall have become a law. 26 SUBPART C 27 Section 1. The executive law is amended by adding a new section 656 to 28 read as follows: 29 § 656. Individual liability for sexual harassment. a. For the 30 purposes of this section, "sexual harassment" shall include unwelcome 31 sexual advances, requests for sexual favors, or other verbal or physical 32 conduct of a sexual nature when: (i) submission to such conduct is made 33 either explicitly or implicitly a term or condition of an individual's 34 employment; (ii) submission to or rejection of such conduct by an indi- 35 vidual is used as the basis for employment decisions affecting such 36 individual; or (iii) such conduct has the purpose or effect of interfer- 37 ing with an individual's work performance or creating an intimidating, 38 hostile, or offensive working environment. 39 b. The office of employee relations shall review any proposed agreed 40 judgment, stipulation, decree, agreement to settle, assurance of discon- 41 tinuance or other agreement to resolve any internal complaint, complaint 42 to the U.S. equal employment opportunity commission or New York divi- 43 sion of human rights, or other complaint that has not been filed in 44 state or federal court, if the act or omission from which such complaint 45 arose involved sexual harassment. The office of employee relations 46 shall not approve such agreement to the extent such agreement includes a 47 proposal for the state to indemnify and save harmless an employee for 48 the employee's individual liability with respect to the complaint. 49 § 2. Section 17 of the public officers law is amended by adding a new 50 subdivision 12 to read as follows: 51 12. (a) For the purposes of this section, "sexual harassment" shall 52 include unwelcome sexual advances, requests for sexual favors, or other 53 verbal or physical conduct of a sexual nature when: (i) submission toS. 7511--A 26 A. 9511--A 1 such conduct is made either explicitly or implicitly a term or condition 2 of an individual's employment; (ii) submission to or rejection of such 3 conduct by an individual is used as the basis for employment decisions 4 affecting such individual; or (iii) such conduct has the purpose or 5 effect of interfering with an individual's work performance or creating 6 an intimidating, hostile, or offensive working environment. 7 (b) Notwithstanding any provision of this article or law, the state 8 shall not indemnify and save harmless an employee in the amount of any 9 judgment obtained against such employee in any state or federal court, 10 or in the amount of any settlement of a claim, and shall not pay such 11 judgment or settlement if the act or omission from which such judgment 12 or settlement arose involved sexual harassment. 13 § 3. Paragraph (d) of subdivision 4 of section 18 of the public offi- 14 cers law is relettered paragraph (e) and a new paragraph (d) is added to 15 read as follows: 16 (d)(i) For the purposes of this section, "sexual harassment" shall 17 include unwelcome sexual advances, requests for sexual favors, or other 18 verbal or physical conduct of a sexual nature when: (A) submission to 19 such conduct is made either explicitly or implicitly a term or condition 20 of an individual's employment; (B) submission to or rejection of such 21 conduct by an individual is used as the basis for employment decisions 22 affecting such individual; or (C) such conduct has the purpose or effect 23 of interfering with an individual's work performance or creating an 24 intimidating, hostile, or offensive working environment. 25 (ii) No public entity shall indemnify or save harmless an employee 26 with respect to the amount of any judgment obtained against such employ- 27 ee in any state or federal court, or in the amount of any settlement of 28 a claim, or pay such judgment or settlement if the act or omission from 29 which such judgment or settlement arose involved sexual harassment. 30 § 4. This act shall take effect immediately. 31 SUBPART D 32 Section 1. Section 63 of the executive law is amended by adding a new 33 subdivision 17 to read as follows: 34 17. (a) For the purposes of this section, sexual harassment includes 35 unwelcome sexual advances, requests for sexual favors, and other verbal 36 or physical conduct of a sexual nature when: (1) submission to such 37 conduct is made either explicitly or implicitly a term or condition of 38 an individual's employment; (2) submission to or rejection of such 39 conduct by an individual is used as the basis for employment decisions 40 affecting such individual; or (3) such conduct has the purpose or effect 41 of interfering with an individual's work performance or creating an 42 intimidating, hostile, or offensive working environment. 43 (b) Notwithstanding any other law to the contrary, for any claim or 44 cause of action, whether filed or unfiled, actual or potential, and 45 whether arising under common law, equity, or any provision of law, the 46 factual foundation for which involves sexual harassment, in resolving, 47 by agreed judgment, stipulation, decree, agreement to settle, assurance 48 of discontinuance or otherwise, a state agency or a state official or 49 employee acting in their official capacity shall not have the authority 50 to include or agree to include in such resolution any term or condition 51 that would prevent the disclosure of any or all factual information 52 related to the action unless the condition of confidentiality is the 53 complainant's preference. Any such condition must be provided to the 54 complainant, who shall have twenty-one days to consider the condition.S. 7511--A 27 A. 9511--A 1 If after twenty-one days, such condition is the complainant's prefer- 2 ence, such preference shall be memorialized in an agreement signed by 3 the complainant. 4 § 2. The general municipal law is amended by adding a new section 70-b 5 to read as follows: 6 § 70-b. Confidential settlements. a. For the purposes of this section, 7 sexual harassment includes unwelcome sexual advances, requests for sexu- 8 al favors, and other verbal or physical conduct of a sexual nature when: 9 (i) submission to such conduct is made either explicitly or implicitly a 10 term or condition of an individual's employment; (ii) submission to or 11 rejection of such conduct by an individual is used as the basis for 12 employment decisions affecting such individual; or (iii) such conduct 13 has the purpose or effect of interfering with an individual's work 14 performance or creating an intimidating, hostile, or offensive working 15 environment. 16 b. Notwithstanding any other law to the contrary, for any claim or 17 cause of action, whether filed or unfiled, actual or potential, and 18 whether arising under common law, equity, or any provision of law, the 19 factual foundation for which involves sexual harassment, in resolving, 20 by agreed judgment, stipulation, decree, agreement to settle, assurance 21 of discontinuance or otherwise, a municipal corporation, official or 22 employee acting in their official capacity shall not have the authority 23 to include or agree to include in such resolution any term or condition 24 that would prevent the disclosure of any or all factual information 25 related to the action unless the condition of confidentiality is the 26 complainant's preference. Any such condition must be provided to the 27 complainant, who shall have twenty-one days to consider the condition. 28 If after twenty-one days, such condition is the complainant's prefer- 29 ence, such preference shall be memorialized in an agreement signed by 30 the complainant. 31 § 3. This act shall take effect immediately. 32 SUBPART E 33 Section 1. Subdivision 3 of section 74 of the public officers law is 34 amended by adding a new paragraph j to read as follows: 35 j. No officer or employee of a state agency, member of the legislature 36 or legislative employee shall commit an act of sexual harassment while 37 serving in his or her official capacity. For the purposes of this 38 section, "sexual harassment" shall include unwelcome sexual advances, 39 requests for sexual favors, and other verbal or physical conduct of a 40 sexual nature when submission to such conduct is made either explicitly 41 or implicitly a term or condition of an individual's employment, 42 submission to or rejection of such conduct by an individual is used as 43 the basis for employment decisions affecting such individual or such 44 conduct has the purpose or effect of interfering with an individual's 45 work performance or creating an intimidating, hostile, or offensive 46 working environment. 47 § 2. Subdivision 4 of section 74 of the public officers law, as 48 amended by chapter 14 of the laws of 2007, is amended to read as 49 follows: 50 4. a. Violations. In addition to any penalty contained in any other 51 provision of law any such officer, member or employee who shall knowing- 52 ly and intentionally violate any of the provisions of this section may 53 be fined, suspended or removed from office or employment in the manner 54 provided by law. Any such individual who knowingly and intentionallyS. 7511--A 28 A. 9511--A 1 violates the provisions of paragraph b, c, d or i of subdivision three 2 of this section shall be subject to a civil penalty in an amount not to 3 exceed ten thousand dollars and the value of any gift, compensation or 4 benefit received as a result of such violation. Any such individual who 5 knowingly and intentionally violates the provisions of paragraph a, e or 6 g of subdivision three of this section shall be subject to a civil 7 penalty in an amount not to exceed the value of any gift, compensation 8 or benefit received as a result of such violation. 9 b. Sexual harassment violations. In addition to any penalty contained 10 in any other provision of law any such officer, member or employee who 11 shall violate the provisions of paragraph j of subdivision three of this 12 section shall be subject to a civil penalty of up to ten thousand 13 dollars, and may be subject to proceedings for suspension or removal 14 from office or employment by the attorney general or in the manner 15 otherwise provided by law or collective bargaining agreement. 16 § 3. Subdivision 9 of section 94 of the executive law is amended by 17 adding a new paragraph (o) to read as follows: 18 (o) Establish a unit to receive and investigate complaints of sexual 19 harassment that constitute violations of paragraph j of subdivision 20 three of section seventy-four of the public officers law. Such unit 21 shall maintain a phone number to receive complaints, and post such 22 number and instructions for filing a complaint of sexual harassment on 23 the commission's publicly accessible website. 24 § 4. Subdivision 13 of section 94 of the executive law is amended by 25 adding a new paragraph (d) to read as follows: 26 (d) For an alleged or possible violation of paragraph j of subdivision 27 three of section seventy-four of the public officers law, filing a 28 complaint shall not constitute an election of remedies. An individual 29 shall not be required to exhaust other available administrative remedies 30 to file a complaint. Neither the filing of a complaint of the conclusion 31 of any investigation by the commission shall restrict a complainant's 32 right to bring a separate action administratively or in a court of law. 33 Notice to any complainant shall be provided upon the closure of any 34 investigation. However, the individual shall notify the commission of 35 any separate administrative action or action in the court of law relat- 36 ing to the same complaint. The commission may stay the matter before it 37 pending the determination/conclusion of the separate action. 38 § 5. This act shall take effect immediately. 39 SUBPART F 40 Section 1. The executive law is amended by adding a new section 655 to 41 read as follows: 42 § 655. Sexual harassment prevention policy. a. Notwithstanding any 43 other provision of law to the contrary, the office of employee relations 44 shall develop a sexual harassment prevention policy, applicable to each 45 agency, office or department, which shall include investigation proce- 46 dures and a standard complaint form. The sexual harassment prevention 47 policy shall include, but not be limited to, the following elements: 48 (i) Definitions. For the purposes of this section, the following terms 49 shall have the following meanings: 50 (A) "sexual harassment" shall include unwelcome sexual advances, 51 requests for sexual favors, and other verbal or physical conduct of a 52 sexual nature when: (1) submission to such conduct is made either 53 explicitly or implicitly a term or condition of an individual's employ- 54 ment; (2) submission to or rejection of such conduct by an individual isS. 7511--A 29 A. 9511--A 1 used as the basis for employment decisions affecting such individual; or 2 (3) such conduct has the purpose or effect of interfering with an indi- 3 vidual's work performance or creating an intimidating, hostile, or 4 offensive working environment. 5 (B) "employee" shall include any agency, office or department employ- 6 ee, contractor, or employee of any contractor or other individual in the 7 workplace of any agency, office or department. 8 (ii) Instructions to file a complaint. (A) Complaints may be filed by 9 an employee to any supervisor, managerial employee, personnel adminis- 10 trator, or affirmative action administrator. Any supervisory or manage- 11 rial employee who observes or otherwise becomes aware of conduct of a 12 sexually harassing nature, must report such conduct as set forth in the 13 complaint procedure so that it can be investigated. If the office of 14 employment relations otherwise becomes aware of conduct of a sexually 15 harassing nature, it shall ensure an investigation is opened immediate- 16 ly. 17 (B) A standard complaint form. A standard complaint form shall be 18 available to every employee on the agency, office, or department's 19 intranet. If an employee makes an oral complaint, the person receiving 20 such complaint shall encourage the employee to fill out a standard 21 complaint form. If the employee does not fill out the complaint form, 22 the person shall fill out such form based on the oral reporting. 23 (iii) Investigation procedure. (A) The office of employee relations 24 shall designate an individual to investigate complaints of sexual 25 harassment for each agency, office, and department. Upon receipt of a 26 complaint of sexual harassment, a supervisor, managerial employee, 27 personnel administrator, or affirmative action administrator shall imme- 28 diately report such complaint to the designated individual, who shall 29 open an investigation. The designated individual shall ensure that he or 30 she does not have a conflict of interest in the allegations in the 31 complaint, and if there is any suspected conflict of interest, the indi- 32 vidual shall immediately notify the office of employee relations, which 33 shall designate a new individual to conduct the investigation. 34 (B) An investigation into a complaint of sexual harassment shall take 35 no more than ninety days from the filing of the complaint. If additional 36 time is needed to complete an investigation due to its complexity, a 37 request for an extension may be submitted to the office of employee 38 relations. 39 (C) Any complaint of sexual harassment will be kept confidential, 40 including the identity of the complainant, witnesses and the identity of 41 the alleged harasser to the extent practicable during the course of the 42 investigations. 43 (D) Any appropriate remedial steps may be taken to prevent intim- 44 idation, retaliation, or coercion of the complainant by the alleged 45 harasser. Such steps may include, but not be limited to, preventing the 46 alleged harasser from contacting the complainant or from discussing the 47 substance of the complaint with the complainant, or removing the alleged 48 harasser from the workplace. 49 (E) Such procedures shall also include, at a minimum: 50 (1) the development of a preliminary investigation plan, which shall 51 include at a minimum: 52 (I) an examination of: the circumstances surrounding the allegations; 53 the employment history of the parties; the place, date, location, time, 54 and duration of the incident in question; and prior relevant incidents 55 or allegations, whether reported or unreported;S. 7511--A 30 A. 9511--A 1 (II) identification of the complainant, alleged harasser, and any 2 relevant witnesses; 3 (III) identification and communication of any legal hold request on 4 any relevant documents, emails or phone records to legal counsel; and 5 (IV) a determination of any necessary site visits; 6 (2) an interview of the complainant, where necessary; 7 (3) an interview of the alleged harasser, where necessary, which shall 8 conform to the requirements of any applicable collective bargaining 9 agreement or law; and 10 (4) any other relevant information relating to the allegations. 11 (iv) Completion of the investigation. (A) After the completion of an 12 investigation, the individual who conducted the investigation shall 13 draft a report, using a standard format developed by the office of 14 employee relations. Such report shall contain, at minimum, a summary of 15 relevant documents; a list of all individuals interviewed and a summary 16 of their statements; a timeline of events; a summary of prior relevant 17 incidents; and an analysis of the allegations and evidence. 18 (B) The report shall be submitted to the counsel at the agency, 19 office, or department for review and recommendation. No more than thirty 20 days after the completion of such investigation, a legal determination 21 shall be issued. If there is a determination that the complaint or a 22 component of such complaint is substantiated, appropriate administrative 23 action shall be taken, which shall conform to any applicable collective 24 bargaining agreement or law. 25 b. Such policy shall also include, but not be limited to the follow- 26 ing: 27 (i) Contain a statement that sexual harassment is unlawful pursuant to 28 state and federal civil rights laws, and shall be prohibited conduct in 29 all state agencies, offices, and departments; 30 (ii) Contain a statement that retaliation against a complainant, 31 witness or any other individual participating in the investigation proc- 32 ess is unlawful and will not be tolerated; 33 (iii) Contain a statement that employees also have the right to file a 34 complaint with the U.S. Equal Employment Opportunity Commission, and the 35 New York division of human rights; 36 (iv) Contain a statement that employees of state entities also have a 37 right to file a complaint with the joint commission on public ethics, 38 which shall include the contact information for employees to use to file 39 such a complaint; 40 (v) Copies of the sexual harassment policy, as well as directions for 41 filing a complaint, shall be distributed to all employees of state agen- 42 cies, offices, departments, including the executive department upon 43 commencing employment and annually thereafter; and 44 (vi) Provisions for appropriate annual interactive training for all 45 employees of state agencies, offices, and departments, including the 46 executive department. 47 c. Nothing in this section shall grant any additional legal rights to 48 any employee and nothing herein abrogates compliance with any law, rule, 49 or regulation that grants rights to an employee. Where there is a 50 conflict between any collective bargaining agreement and this section, 51 such agreement shall be controlling. 52 § 2. Article 5 of the legislative law is amended by adding a new 53 section 81 to read as follows: 54 § 81. Sexual harassment prevention policy. 1. Notwithstanding any 55 other provision of law to the contrary, the legislative ethics commis- 56 sion shall develop a sexual harassment prevention policy, applicable toS. 7511--A 31 A. 9511--A 1 the legislature and all legislative employees, which shall include 2 investigation procedures and a standard complaint form. The sexual 3 harassment prevention policy shall include, but not be limited to, the 4 following elements: 5 (a) Definitions. The following terms shall have the following mean- 6 ings: 7 (i) "sexual harassment" shall include unwelcome sexual advances, 8 requests for sexual favors, and other verbal or physical conduct of a 9 sexual nature when: (A) submission to such conduct is made either 10 explicitly or implicitly a term or condition of an individual's employ- 11 ment; (B) submission to or rejection of such conduct by an individual is 12 used as the basis for employment decisions affecting such individual; or 13 (C) such conduct has the purpose or effect of interfering with an indi- 14 vidual's work performance or creating an intimidating, hostile, or 15 offensive working environment. 16 (ii) "employee" shall include any legislative employee, contractor, or 17 employee of any contractor or other individual in the workplace of the 18 legislature. 19 (b) Instructions to file a complaint. (i) Complaints may be filed by 20 an employee to any supervisor, managerial employee, personnel adminis- 21 trator, or affirmative action administrator. Any supervisory or manage- 22 rial employee who observes or otherwise becomes aware of conduct of a 23 sexually harassing nature, must report such conduct as set forth in the 24 complaint procedure so that it can be investigated. If the legislative 25 ethics commission otherwise becomes aware of conduct of a sexually 26 harassing nature, it shall ensure an investigation is opened immediate- 27 ly. 28 (ii) A standard complaint form. A standard complaint form shall be 29 available to every employee of the legislature. If an employee makes an 30 oral complaint, the person receiving such complaint shall encourage the 31 employee to fill out a standard complaint form. If the employee does not 32 fill out the complaint form, the person shall fill out such form based 33 on the oral reporting. 34 (c) Investigation procedure. (i) The legislative ethics commission 35 shall designate an individual to investigate complaints of sexual 36 harassment. Upon receipt of a complaint of sexual harassment, a super- 37 visor, managerial employee, personnel administrator, or affirmative 38 action administrator shall immediately report such complaint to the 39 designated individual, who shall open an investigation. The designated 40 individual shall ensure that he or she does not have a conflict of 41 interest in the allegations in the complaint, and if there is any 42 conflict of interest, the individual shall immediately notify the legis- 43 lative ethics commission, which shall designate a new individual to 44 conduct the investigation. 45 (ii) An investigation into a complaint of sexual harassment shall take 46 no more than ninety days from the filing of the complaint. If additional 47 time is needed to complete an investigation due to its complexity, a 48 request for an extension may be submitted to the legislative ethics 49 commission. 50 (iii) Any complaint of sexual harassment will be kept confidential, 51 including the identity of complainant, witnesses and the identity of the 52 alleged harasser to the extent practicable during the course of the 53 investigations. 54 (iv) Any appropriate remedial steps may be taken to prevent intim- 55 idation, retaliation, or coercion of the complainant by the alleged 56 harasser. Such steps may include, but not be limited to, preventing theS. 7511--A 32 A. 9511--A 1 alleged harasser from contacting the complainant or from discussing the 2 substance of the complaint with the complainant. 3 (v) Such procedures shall also include, at a minimum: 4 (A) the development of a preliminary investigation plan, which shall 5 include at a minimum: 6 (1) an examination of: the circumstances surrounding the allegations; 7 the employment history of the parties; the place, date, location, time, 8 and duration of the incident in question; and prior relevant incidents 9 or allegations, whether reported or unreported; 10 (2) identification of the complainant, alleged harasser, and any rele- 11 vant witnesses; 12 (3) identification and communication of any legal hold request on any 13 relevant documents, emails or phone records to legal counsel; and 14 (4) a determination of any necessary site visits; 15 (B) an interview of the complainant, where necessary; 16 (C) an interview of the alleged harasser, where necessary, which shall 17 conform to the requirements of any applicable collective bargaining 18 agreement or law; and 19 (D) any other relevant information relating to the allegations. 20 (d) Completion of the investigation. (i) After the completion of an 21 investigation, the individual who conducted the investigation shall 22 draft a report, using a standard format developed by the legislative 23 ethics commission. Such report shall contain, at a minimum, a summary of 24 relevant documents; a list of all individuals interviewed and a summary 25 of their statements; a timeline of events; a summary of prior relevant 26 incidents; and an analysis of the allegations and evidence. 27 (ii) The report shall be submitted to an individual designated by the 28 legislative ethics commission to review the report and make a legal 29 recommendation. No more than thirty days after the completion of such 30 investigation, a legal determination shall be issued. If there is a 31 determination that the complaint or a component of such complaint is 32 substantiated, appropriate administrative action shall be taken, which 33 shall conform to any applicable collective bargaining agreement or law. 34 2. Such policy shall also include, but not be limited to the follow- 35 ing: 36 (a) Contain a statement that sexual harassment is unlawful pursuant to 37 state and federal civil rights laws, and shall be prohibited conduct in 38 the legislature; 39 (b) Contain a statement that retaliation against a complainant, 40 witness or any other individual participating in the investigation proc- 41 ess is unlawful and will not be tolerated; 42 (c) Contain a statement that employees also have the right to file a 43 complaint with the U.S. Equal Employment Opportunity Commission, and the 44 New York division of human rights; 45 (d) Contain a statement that employees of state entities also have a 46 right to file a complaint with the joint commission on public ethics, 47 which shall include the contact information for employees to use to file 48 such a complaint; 49 (e) Copies of the sexual harassment policy, as well as directions for 50 filing a complaint, shall be distributed to all employees of the legis- 51 lature upon commencing employment and annually thereafter; and 52 (f) Provisions for appropriate annual interactive training for all 53 employees of the legislature. 54 3. Nothing in this section shall grant any additional legal rights to 55 any employee and nothing in this section abrogates compliance with any 56 law, rule, or regulation that grants rights to an employee. Where thereS. 7511--A 33 A. 9511--A 1 is a conflict between any collective bargaining agreement and this 2 section, such agreement shall be controlling. 3 § 3. The judiciary law is amended by adding a new section 219-d to 4 read as follows: 5 § 219-d. Sexual harassment prevention policy. 1. Notwithstanding any 6 other provision of law to the contrary, the office of court adminis- 7 tration shall develop a sexual harassment prevention policy, applicable 8 to the judiciary and all judiciary employees, which shall include inves- 9 tigation procedures and a standard complaint form. The sexual harassment 10 prevention policy shall include, but not be limited to, the following 11 elements: 12 (a) Definitions. For the purposes of this section, the following terms 13 shall have the following meanings: 14 (i) "sexual harassment" shall include unwelcome sexual advances, 15 requests for sexual favors, and other verbal or physical conduct of a 16 sexual nature when: (A) submission to such conduct is made either 17 explicitly or implicitly a term or condition of an individual's employ- 18 ment; (B) submission to or rejection of such conduct by an individual is 19 used as the basis for employment decisions affecting such individual; or 20 (C) such conduct has the purpose or effect of interfering with an indi- 21 vidual's work performance or creating an intimidating, hostile, or 22 offensive working environment. 23 (ii) "employee" shall include any employee, contractor, or employee of 24 any contractor or other individual in the work place of the judiciary. 25 (b) Instructions to file a complaint. (i) Complaints may be filed by 26 an employee to any supervisor, managerial employee, personnel adminis- 27 trator, or affirmative action administrator. Any supervisory or manage- 28 rial employee who observes or otherwise becomes aware of conduct of a 29 sexually harassing nature, must report such conduct as set forth in the 30 complaint procedure so that it can be investigated. If the office of 31 court administration otherwise becomes aware of conduct of a sexually 32 harassing nature, it shall ensure an investigation is opened immediate- 33 ly. 34 (ii) A standard complaint form. A standard complaint form shall be 35 available to every employee in the judiciary. If an employee makes an 36 oral complaint, the person receiving such complaint shall encourage the 37 employee to fill out a standard complaint form. If the employee does not 38 fill out the complaint form, the person shall fill out such form based 39 on the oral reporting. 40 (c) Investigation procedure. (i) The office of court administration 41 shall designate an individual to investigate complaints of sexual 42 harassment. Upon receipt of a complaint of sexual harassment, a supervi- 43 sor, managerial employee, personnel administrator, or affirmative action 44 administrator shall immediately report such complaint to the designated 45 individual, who shall open an investigation. The designated individual 46 shall ensure that he or she does not have a conflict of interest in the 47 allegations in the complaint, and if there is any conflict of interest, 48 the individual shall immediately notify the office of court adminis- 49 tration, which shall designate a new individual to conduct the investi- 50 gation. 51 (ii) An investigation into a complaint of sexual harassment shall take 52 no more than ninety days from the filing of the complaint. If additional 53 time is needed to complete an investigation due to its complexity, a 54 request for an extension may be submitted to the office of court admin- 55 istration.S. 7511--A 34 A. 9511--A 1 (iii) Any complaint of sexual harassment will be kept confidential, 2 including the identity of the complainant, witnesses and the identity of 3 the alleged harasser to the extent practicable during the course of the 4 investigations. 5 (iv) Any appropriate remedial steps may be taken to prevent intim- 6 idation, retaliation, or coercion of the complainant by the alleged 7 harasser. Such steps may include, but not be limited to, preventing the 8 alleged harasser from contacting the complainant or from discussing the 9 substance of the complaint with the complainant. 10 (v) Such procedures shall also include, at a minimum: 11 (A) the development of a preliminary investigation plan, which shall 12 include at a minimum: 13 (1) an examination of: the circumstances surrounding the allegations; 14 the employment history of the parties; the place, date, location, time, 15 and duration of the incident in question; and prior relevant incidents 16 or allegations, whether reported or unreported; 17 (2) identification of the complainant, alleged harasser, and any rele- 18 vant witnesses; 19 (3) identification and communication of any legal hold request on any 20 relevant documents, emails or phone records to legal counsel; and 21 (4) a determination of any necessary site visits; 22 (B) an interview of the complainant, where necessary; 23 (C) an interview of the alleged harasser, where necessary, which shall 24 conform to the requirements of any applicable collective bargaining 25 agreement or law; and 26 (D) any other relevant information relating to the allegations. 27 (d) Completion of the investigation. (i) After the completion of an 28 investigation, the individual who conducted the investigation shall 29 draft a report, using a standard format developed by the office of court 30 administration. Such report shall contain, at a minimum, a summary of 31 relevant documents; a list of all individuals interviewed and a summary 32 of their statements; a timeline of events; a summary of prior relevant 33 incidents; and an analysis of the allegations and evidence. 34 (ii) The report shall be submitted to an individual designated by the 35 legislative ethics commission to review the report and make a legal 36 recommendation. No more than thirty days after the completion of such 37 investigation, a legal determination shall be issued. If there is a 38 determination that the complaint or a component of such complaint is 39 substantiated, appropriate administrative action shall be taken, which 40 shall conform to any applicable collective bargaining agreement or law. 41 2. Such policy shall also include, but not be limited to the follow- 42 ing: 43 (a) Contain a statement that sexual harassment is unlawful pursuant to 44 state and federal civil rights laws, and shall be prohibited conduct in 45 the judiciary; 46 (b) Contain a statement that retaliation against a complainant, 47 witness or any other individual participating in the investigation proc- 48 ess is unlawful and will not be tolerated; 49 (c) Contain a statement that employees also have the right to file a 50 complaint with the U.S. Equal Employment Opportunity Commission, and the 51 New York division of human rights; 52 (d) Contain a statement that employees of state entities also have a 53 right to file a complaint with the joint commission on public ethics, 54 which shall include the contact information for employees to use to file 55 such a complaint;S. 7511--A 35 A. 9511--A 1 (e) Copies of the sexual harassment policy, as well as directions for 2 filing a complaint, shall be distributed to all employees of the legis- 3 lature upon commencing employment and annually thereafter; and 4 (f) Provisions for appropriate annual interactive training for all 5 employees of the judiciary. 6 3. Nothing in this section shall grant any additional legal rights to 7 any employee and nothing in this section abrogates compliance with any 8 law, rule, or regulation that grants rights to an employee. Where there 9 is a conflict between any collective bargaining agreement and this 10 section, such agreement shall be controlling. 11 § 4. The general municipal law is amended by adding a new section 686 12 to read as follows: 13 § 686. Sexual harassment prevention policy. 1. Notwithstanding any 14 other provision of law to the contrary, every county, city, town, 15 village, school district and other political subdivision shall require 16 its legal counsel to develop a sexual harassment prevention policy, 17 applicable to all employees of such political subdivision, which shall 18 include investigation procedures and a standard complaint form. The 19 sexual harassment prevention policy shall include, but not be limited 20 to, the following elements: 21 (a) Definitions. For the purposes of this section, the following terms 22 shall have the following meanings: 23 (i) "sexual harassment" shall include unwelcome sexual advances, 24 requests for sexual favors, and other verbal or physical conduct of a 25 sexual nature when: (A) submission to such conduct is made either 26 explicitly or implicitly a term or condition of an individual's employ- 27 ment; (B) submission to or rejecting of such conduct by an individual is 28 used as the basis for employment decisions affecting such individual; or 29 (C) such conduct has the purpose or effect of interfering with an indi- 30 vidual's work performance or creating an intimidating, hostile, or 31 offensive working environment. 32 (ii) "employee" shall include any employee or contractor of the poli- 33 tical subdivision or any employee, contractor, or employee of any 34 contractor or other individual in the workplace of the political subdi- 35 vision. 36 (b) Instructions to file a complaint. (i) Complaints may be filed by 37 an employee with any supervisor, managerial employee, personnel adminis- 38 trator, or affirmative action administrator. Any supervisory or manage- 39 rial employee who observes or otherwise becomes aware of conduct of a 40 sexually harassing nature, must report such conduct as set forth in the 41 complaint procedure so that it can be investigated. If the legal counsel 42 of the political subdivision becomes aware of conduct of a sexually 43 harassing nature, it shall ensure an investigation is opened immediate- 44 ly. 45 (ii) A standard complaint form. A standard complaint form shall be 46 available to every employee in the political subdivision. If an employee 47 makes an oral complaint, the person receiving such complaint shall 48 encourage the employee to fill out a standard complaint form. If the 49 employee does not fill out the complaint form, the person shall fill out 50 such form based on the oral reporting. 51 (c) Investigation procedure. (i) The legal counsel shall designate an 52 individual or office to investigate complaints of sexual harassment. 53 Upon receipt of a complaint of sexual harassment, a supervisor, manage- 54 rial employee, personnel administrator, or affirmative action adminis- 55 trator shall immediately report such complaint to the designated indi- 56 vidual, who shall open an investigation. The designated individual shallS. 7511--A 36 A. 9511--A 1 ensure that he or she does not have a conflict of interest in the alle- 2 gations in the complaint, and if there is any conflict of interest, the 3 individual shall immediately notify the legal counsel, which shall 4 designate a new individual to conduct the investigation. 5 (ii) An investigation into a complaint of sexual harassment shall take 6 no more than ninety days from the filing of the complaint. If additional 7 time is needed to complete an investigation due to its complexity, a 8 request for an extension may be submitted to the legal counsel. 9 (iii) Any complaint of sexual harassment will be kept confidential, 10 including the identity of complainant, witnesses and the identity of the 11 alleged harasser to the extent practicable during the course of the 12 investigations. 13 (iv) Any appropriate remedial steps may be taken to prevent intim- 14 idation, retaliation, or coercion of the complainant by the alleged 15 harasser. Such steps may include, but not be limited to, preventing the 16 alleged harasser from contacting the complainant or from discussing the 17 substance of the complaint with the complainant. 18 (v) Such procedures shall also include, at a minimum: 19 (1) the development of a preliminary investigation plan, which shall 20 include at a minimum: 21 (I) an examination of: the circumstances surrounding the allegations; 22 the employment history of the parties; the place, date, location, time, 23 and duration of the incident in question; and prior relevant incidents 24 or allegations, whether reported or unreported; 25 (II) identification of the complainant, alleged harasser, and any 26 relevant witnesses; 27 (III) identification and communication of any legal hold request on 28 any relevant documents, emails or phone records to legal counsel; and 29 (IV) a determination of any necessary site visits; 30 (2) an interview of the complainant, where necessary; 31 (3) an interview of the alleged harasser, where necessary, which shall 32 conform to the requirements of any applicable collective bargaining 33 agreement or law; and 34 (4) any other relevant information relating to the allegations. 35 (d) Completion of the investigation. (i) After the completion of an 36 investigation, the individual who conducted the investigation shall 37 draft a report, using a standard format developed by the legal counsel. 38 Such report shall contain, at minimum, a summary of relevant documents; 39 a list of all individuals interviewed and a summary of their statements; 40 a timeline of events; a summary of prior relevant incidents; and an 41 analysis of the allegations and evidence. 42 (ii) The report shall be submitted to an individual designated by the 43 legal counsel to review the report and make a legal recommendation. No 44 more than thirty days after the completion of such investigation, a 45 legal determination shall be issued. If there is a determination that 46 the complaint or a component of such complaint is substantiated, appro- 47 priate administrative action shall be taken, which shall conform to any 48 applicable collective bargaining agreement or law. 49 2. Such policy shall also include, but not be limited to the follow- 50 ing: 51 (a) Contain a statement that sexual harassment is unlawful pursuant to 52 state and federal civil rights laws, and shall be prohibited conduct; 53 (b) Contain a statement that retaliation against a complainant, 54 witness or any other individual participating in the investigation proc- 55 ess is unlawful and will not be tolerated;S. 7511--A 37 A. 9511--A 1 (c) Contain a statement that employees also have the right to file a 2 complaint with the U.S. Equal Employment Opportunity Commission, and 3 the New York division of human rights; 4 (d) Copies of the sexual harassment policy, as well as directions for 5 filing a complaint, shall be distributed to all employees of the poli- 6 tical subdivision upon commencing employment and annually thereafter; 7 and 8 (e) Provisions for appropriate annual interactive training for all 9 employees of the political subdivision. 10 3. Nothing in this section shall grant any additional legal rights to 11 any employee and nothing in this section abrogates compliance with any 12 law, rule, or regulation that grants rights to an employee. Where there 13 is a conflict between any collective bargaining agreement and this 14 section, such agreement shall be controlling. 15 § 5. The public authorities law is amended by adding a new section 16 2854 to read as follows: 17 § 2854. Sexual harassment prevention policy. 1. Notwithstanding any 18 other provision of law to the contrary, every state and local authority 19 shall require its legal counsel to develop a sexual harassment 20 prevention policy, applicable to all employees of such authority, which 21 shall include investigation procedures and a standard complaint form. 22 The sexual harassment prevention policy shall include, but not be limit- 23 ed to, the following elements: 24 (a) Definitions. For the purposes of this section, the following terms 25 shall have the following meanings: 26 (i) "sexual harassment" shall include unwelcome sexual advances, 27 requests for sexual favors, and other verbal or physical conduct of a 28 sexual nature when: (A) submission to such conduct is made either 29 explicitly or implicitly a term or condition of an individual's employ- 30 ment; (B) submission to or rejection of such conduct by an individual is 31 used as the basis for employment decisions affecting such individual; or 32 (C) such conduct has the purpose or effect of interfering with an indi- 33 vidual's work performance or creating an intimidating, hostile, or 34 offensive working environment. 35 (ii) "employee" shall include any employee or contractor of the 36 authority, or any employee, contractor, or employee of any contractor or 37 other individual in the workplace of the authority. 38 (b) Instructions to file a complaint. (i) Complaints may be filed by 39 an employee with any supervisor, managerial employee, personnel adminis- 40 trator, or affirmative action administrator. Any supervisory or manage- 41 rial employee who observes or otherwise becomes aware of conduct of a 42 sexually harassing nature, must report such conduct as set forth in the 43 complaint procedure so that it can be investigated. If the legal counsel 44 becomes aware of conduct of a sexually harassing nature, it shall ensure 45 an investigation is opened immediately. 46 (ii) A standard complaint form. A standard complaint form shall be 47 available to every employee of the authority. If an employee makes an 48 oral complaint, the person receiving such complaint shall encourage the 49 employee to fill out a standard complaint form. If the employee does not 50 fill out the complaint form, the person shall fill out such form based 51 on the oral reporting. 52 (c) Investigation procedure. (i) The legal counsel shall designate an 53 individual to investigate complaints of sexual harassment for the 54 authority. Upon receipt of a complaint of sexual harassment, a supervi- 55 sor, managerial employee, personnel administrator, or affirmative action 56 administrator shall immediately report such complaint to the designatedS. 7511--A 38 A. 9511--A 1 individual, who shall open an investigation. The designated individual 2 shall ensure that he or she does not have a conflict of interest in the 3 allegation in the complaint, and if there is any conflict of interest, 4 the individual shall immediately notify the legal counsel, which shall 5 designate a new individual to conduct the investigation. 6 (ii) An investigation into a complaint of sexual harassment shall take 7 no more than ninety days from the filing of the complaint. If additional 8 time is needed to complete an investigation due to its complexity, a 9 request for an extension may be submitted to the authority. 10 (iii) Any complaint of sexual harassment will be kept confidential, 11 including the identity of the complainant, witnesses and the identity of 12 the alleged harasser to the extent practicable during the course of the 13 investigations. 14 (iv) Any appropriate remedial steps may be taken to prevent intim- 15 idation, retaliation, or coercion of the complainant by the alleged 16 harasser. Such steps may include, but not be limited to, preventing the 17 alleged harasser from contacting the complainant or from discussing the 18 substance of the complaint with the complainant. 19 (v) Such procedures shall also include, at a minimum: 20 (A) the development of a preliminary investigation plan, which shall 21 include at a minimum: 22 (1) an examination of: the circumstances surrounding the allegations; 23 the employment history of the parties; the place, date, location, time, 24 and duration of the incident in question; and prior relevant incidents 25 or allegations, whether reported or unreported; 26 (2) identification of the complainant, alleged harasser, and any rele- 27 vant witnesses; 28 (3) identification and communication of any legal hold request on any 29 relevant documents, emails or phone records to legal counsel; and 30 (4) a determination of any necessary site visits; 31 (B) an interview of the complainant, where necessary; 32 (C) an interview of the alleged harasser, where necessary, which shall 33 conform to the requirements of any applicable collective bargaining 34 agreement or law; 35 (D) any other relevant information relating to the allegations. 36 (d) Completion of the investigation. (i) After the completion of an 37 investigation, the individual who conducted the investigation shall 38 draft a report, using a standard format developed by the legal counsel. 39 Such report shall contain, at minimum, a summary of relevant documents; 40 a list of all individuals interviewed and a summary of their statements; 41 a timeline of events; a summary of prior relevant incidents; and an 42 analysis of the allegations and evidence. 43 (ii) The report shall be submitted to an individual designated to 44 review the report and make a legal recommendation. No more than thirty 45 days after the completion of such investigation, a legal determination 46 shall be issued. If there is a determination that the complaint or a 47 component of such complaint is substantiated, appropriate administrative 48 action shall be taken, which shall conform to any applicable collective 49 bargaining agreement or law. 50 2. Such policy shall also include, but not be limited to the follow- 51 ing: 52 (a) Contain a statement that sexual harassment is unlawful pursuant to 53 state and federal civil rights laws, and shall be prohibited conduct; 54 (b) Contain a statement that retaliation against a complainant, 55 witness or any other individual participating in the investigation proc- 56 ess is unlawful and will not be tolerated;S. 7511--A 39 A. 9511--A 1 (c) Contain a statement that employees also have the right to file a 2 complaint with the U.S. Equal Employment Opportunity Commission, and 3 the New York division of human rights; 4 (d) Contain a statement that employees of state entities also have a 5 right to file a complaint with the joint commission on public ethics, 6 which shall include the contact information for employees to use to file 7 such a complaint; 8 (e) Copies of the sexual harassment policy, as well as directions for 9 filing a complaint, shall be distributed to all employees of the author- 10 ity upon commencing employment and annually thereafter; and 11 (f) Provisions for appropriate annual interactive training for all 12 employees of the authority. 13 3. Nothing in this section shall grant any additional legal rights to 14 any employee and nothing in this section abrogates compliance with any 15 law, rule, or regulation that grants rights to an employee. Where there 16 is a conflict between any collective bargaining agreement and this 17 section, such agreement shall be controlling. 18 § 6. This act shall take effect one year after it shall have become a 19 law. Effective immediately, the addition, amendment and/or repeal of any 20 rule or regulation necessary for the implementation of this act on its 21 effective date are authorized to be made and completed on or before such 22 effective date. 23 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 24 sion, section or subpart of this act shall be adjudged by any court of 25 competent jurisdiction to be invalid, such judgment shall not affect, 26 impair, or invalidate the remainder thereof, but shall be confined in 27 its operation to the clause, sentence, paragraph, subdivision, section 28 or subject thereof directly involved in the controversy in which such 29 judgment shall have been rendered. It is hereby declared to be the 30 intent of the legislature that this act would have been enacted even if 31 such invalid provisions had not been included herein. 32 § 3. This act shall take effect immediately; provided, however, that 33 the applicable effective date of Subparts A through F of this act shall 34 be as specifically set forth in the last section of such Subparts. 35 PART J 36 Section 1. Computer science education standards. 1. The governor 37 shall convene a working group of educators, industry experts, insti- 38 tutions of higher education and employers to review, develop or adapt 39 existing frameworks for model kindergarten through grade 12 computer 40 science standards. In conducting such reviews, the governor shall seek 41 the recommendations of teachers, school administrators, teacher educa- 42 tors and others with educational or technological expertise on improve- 43 ments to the standards in order to ensure that students are prepared, in 44 appropriate progression, for postsecondary education or employment. 45 2. On or before March 1, 2019, the working group shall deliver a 46 report detailing the findings of the working group and model kindergar- 47 ten through grade 12 computer science standards to the commissioner of 48 education. 49 § 2. This act shall take effect immediately. 50 PART K 51 Section 1. Section 305 of the education law is amended by adding a new 52 subdivision 58 to read as follows:S. 7511--A 40 A. 9511--A 1 58. The commissioner shall establish and develop a "Be Aware, Be 2 Informed" awareness, prevention and education program within the depart- 3 ment. Such program shall be defined by the commissioner in regulations 4 after consultation with the department of health and be designed to 5 educate students about healthy relationships. Such program shall 6 include, but not be limited to: 7 (a) age-appropriate model curriculum, exemplar lesson plans, and best 8 practice instructional resources for the Be Aware, Be Informed program. 9 Such model curriculum, lesson plans and instructional resources shall be 10 inclusive and respectful of all pupils regardless of race, ethnicity, 11 gender, disability, sexual orientation, or gender identity and include 12 but not be limited to: 13 (1) Model provisions developed by the commissioner after consultation 14 with experts in the field, including the New York state coalition 15 against domestic violence, or its successor, and the National Sexuality 16 Education Standards; 17 (2) For students in grades kindergarten through fourth grade: 18 (i) identification and examination of ideas about healthy relation- 19 ships and behaviors learned from home, family and the media; 20 (ii) self-esteem and self-worth; 21 (iii) friendship and empathy; and 22 (iv) age-appropriate medically accurate sexual health. 23 (3) For students in fifth grade through twelfth grade: (i) a defi- 24 nition of teen dating violence; (ii) recognition of warning signs estab- 25 lished by a dating partner; (iii) characteristics of a healthy relation- 26 ship; (iv) links between bullying and teen dating violence; (v) safe use 27 of technology; (vi) a discussion of local community resources for those 28 in a teen dating violence relationship; (viii) an overview of the 29 school's policies and procedures on teen dating violence; (ix) an age- 30 appropriate definition of affirmative consent consistent with that used 31 in section sixty-four hundred forty-one of this chapter; and (x) age 32 appropriate, medically accurate sexual health. Provided that for the 33 purposes of Be Aware, Be Informed "age appropriate" shall mean topics, 34 messages, and teaching methods suitable to particular age and develop- 35 mental levels, based on cognitive, emotional, social and experience 36 level of most students at that age level, and "medically accurate" shall 37 mean information supported by peer reviewed, evidence-based research 38 recognized as accurate by leading professional organizations and agen- 39 cies with relevant experience such as the American Medical Association 40 and the Centers for Disease Control and Prevention. 41 (b) public availability of all materials for the Be Aware, Be Informed 42 program on a dedicated webpage on the department's internet website, and 43 provided at no cost to every school district, board of cooperative 44 educational services, charter school and nonpublic school upon request. 45 § 2. This act shall take effect immediately. 46 PART L 47 Section 1. Title 6 of article 2 of the public health law, as added by 48 chapter 342 of the laws of 2014, is amended by adding a new section 267 49 to read as follows: 50 § 267. Feminine hygiene products in schools. All elementary and 51 secondary public schools in the state serving students in any grade from 52 grade six through grade twelve shall provide feminine hygiene products 53 in the restrooms of such school building or buildings. Such products 54 shall be provided at no charge to students.S. 7511--A 41 A. 9511--A 1 § 2. This act shall take effect July 1, 2018. 2 PART M 3 Section 1. Subdivision 15 of section 378 of the executive law is 4 renumbered as subdivision 18. 5 § 2. Subdivision 16 of section 378 of the executive law is renumbered 6 subdivision 15 and two new subdivisions 16 and 17 are added to read as 7 follows: 8 16. Standards requiring the installation and maintenance of at least 9 one safe, sanitary, and convenient diaper changing station, deck, table, 10 or similar amenity which shall be available for use by both male and 11 female occupants and which shall comply with section 603.5 (Diaper 12 Changing Tables) of the two thousand nine edition of the publication 13 entitled ICC A117.1, Accessible and Usable Buildings and Facilities, 14 published by the International Code Council, Inc., on each floor level 15 containing a public toilet room in all newly constructed buildings in 16 the state that have one or more areas classified as assembly group A 17 occupancies or mercantile group M occupancies and in all existing build- 18 ings in the state that have one or more areas classified as assembly 19 group A occupancies or mercantile group M occupancies and undergo a 20 substantial renovation. The council shall prescribe the type of reno- 21 vation to be deemed to be a substantial renovation for the purposes of 22 this subdivision. The council may exempt historic buildings from the 23 requirements of this subdivision. 24 17. Standards requiring that, in each building that has one or more 25 areas classified as assembly group A occupancies or mercantile group M 26 occupancies and in which at least one diaper changing station, deck, 27 table, or similar amenity is installed, a sign shall be posted in a 28 conspicuous place in each public toilet room indicating the location of 29 the nearest diaper changing station, deck, table, or similar amenity 30 that is available for use by the gender using such public toilet room. 31 The requirements of this subdivision shall apply without regard to 32 whether the diaper changing station, deck, table, or similar amenity was 33 installed voluntarily or pursuant to subdivision sixteen of this section 34 or any other applicable law, statute, rule, or regulation. No such sign 35 shall be required in a public toilet room in which any diaper changing 36 station, deck, table, or similar amenity is located. 37 § 3. This act shall take effect January 1, 2019; provided, however, 38 that effective immediately, the addition, amendment and/or repeal of any 39 rules or regulations by the secretary of state and/or by the state fire 40 prevention and building code council necessary for the implementation of 41 section two of this act on its effective date are authorized and 42 directed to be made and completed on or before such effective date. 43 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 44 sion, section or part of this act shall be adjudged by any court of 45 competent jurisdiction to be invalid, such judgment shall not affect, 46 impair, or invalidate the remainder thereof, but shall be confined in 47 its operation to the clause, sentence, paragraph, subdivision, section 48 or part thereof directly involved in the controversy in which such judg- 49 ment shall have been rendered. It is hereby declared to be the intent of 50 the legislature that this act would have been enacted even if such 51 invalid provisions had not been included herein. 52 § 3. This act shall take effect immediately provided, however, that 53 the applicable effective date of Parts A through M of this act shall be 54 as specifically set forth in the last section of such Parts.
