Bill Text: NY S06975 | 2017-2018 | General Assembly | Amended
Bill Title: Prohibits officers or employees of a state agency, members of the legislature or legislative employees from committing acts of sexual harassment while serving in his or her official capacity.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-01-12 - PRINT NUMBER 6975A [S06975 Detail]
Download: New_York-2017-S06975-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6975--A 2017-2018 Regular Sessions IN SENATE December 28, 2017 ___________ Introduced by Sens. KENNEDY, KRUEGER, PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law, in relation to prohibiting sexual harassment by certain individuals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 74 of the public officers law is 2 amended by adding a new paragraph j to read as follows: 3 j. No officer or employee of a state agency, member of the legislature 4 or legislative employee shall commit an act of sexual harassment while 5 serving in his or her official capacity. For purposes of this section, 6 "sexual harassment" shall mean making unwelcome or unwanted sexual 7 advances, requesting sexual favors in exchange for favorable treatment 8 or continued employment, engaging in verbal or physical conduct of a 9 sexual nature which is made a term or condition or employment, or using 10 the refusal or acceptance of such advances as the basis for employment 11 decisions. "Sexual harassment" shall also include any type of sexually 12 oriented conduct that is unwelcome and has the purpose or effect of 13 unreasonably interfering with an employee's work performance or creating 14 a work environment that is intimidating, hostile, offensive or coercive 15 to a reasonable person. 16 § 2. Subdivision 4 of section 74 of the public officers law, as 17 amended by chapter 14 of the laws of 2007, is amended to read as 18 follows: 19 4. Violations. In addition to any penalty contained in any other 20 provision of law any such officer, member or employee who shall knowing- 21 ly and intentionally violate any of the provisions of this section may 22 be fined, suspended or removed from office or employment in the manner EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14054-02-8S. 6975--A 2 1 provided by law. Any such individual who knowingly and intentionally 2 violates the provisions of paragraph b, c, d [or], i or j of subdivision 3 three of this section shall be subject to a civil penalty in an amount 4 not to exceed ten thousand dollars and the value of any gift, compen- 5 sation or benefit received as a result of such violation. Any such indi- 6 vidual who knowingly and intentionally violates the provisions of para- 7 graph a, e or g of subdivision three of this section shall be subject to 8 a civil penalty in an amount not to exceed the value of any gift, 9 compensation or benefit received as a result of such violation. 10 § 3. This act shall take effect immediately and shall apply to conduct 11 that occurs on and after such effective date.
