Bill Text: NY S08426 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes that no lobbyist shall commit an act of sexual harassment while engaging in lobbying or lobbying activities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-07 - REFERRED TO FINANCE [S08426 Detail]

Download: New_York-2017-S08426-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8426
                    IN SENATE
                                       May 7, 2018
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to amend the legislative law, in relation  to  sexual  harassment
          training and penalties for lobbyists
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1-c of the legislative law is amended by  adding  a
     2  new subdivision (x) to read as follows:
     3    (x)  The  term  "sexual  harassment" shall include unwelcome advances,
     4  requesting sexual favors, or other verbal or physical conduct of a sexu-
     5  al nature if such conduct is made either explicitly or implicitly a term
     6  or condition of employment,  or  submission  to  or  rejection  of  such
     7  conduct is used as the basis for employment decisions affecting an indi-
     8  vidual's employment, or such conduct has the purpose or effect of unrea-
     9  sonably interfering with an individual's work performance or creating an
    10  intimidating,  hostile,  or  offensive  work  environment,  even  if the
    11  complaining individual is not the intended target of the sexual  harass-
    12  ment.
    13    §  2.  Section  1-o  of the legislative law is amended by adding a new
    14  subdivision (e) to read as follows:
    15    (e)(i) Any lobbyist who is found guilty of sexual harassment shall  be
    16  subjected to a civil penalty not to exceed twenty-five thousand dollars.
    17    (ii)  Any  lobbyist  who  is  found guilty of sexual harassment, after
    18  having been found guilty for sexual harassment by the commission may  be
    19  subject to a determination that the lobbyist is prohibited from engaging
    20  in lobbying or lobbying activities, as that term is defined in paragraph
    21  (v) of subdivision (c) of section one-c of this article, for a period of
    22  one year.
    23    (iii)  All monies recovered by the attorney general or received by the
    24  commission from the assessment of civil  penalties  authorized  by  this
    25  section shall be deposited to the general fund.
    26    §  3. Section 1-r of the legislative law, as added by chapter 2 of the
    27  laws of 1999 and as relettered by chapter 1 of  the  laws  of  2005,  is
    28  amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15557-03-8
        S. 8426                             2
     1    §  1-r.  Publication of statement on lobbying regulations. The commis-
     2  sion shall publish a statement on lobbying regulations setting forth the
     3  requirements of this article in a clear and brief manner. Such statement
     4  shall contain an explanation of the registration and filing requirements
     5  and  the penalties for violation thereof, along with the statement about
     6  the impermissibility of sexual  harassment,  together  with  such  other
     7  information  as the commission shall determine, and copies thereof shall
     8  be made available to the public at convenient locations  throughout  the
     9  state.
    10    §  4.  Sections  1-u  and  1-v  of the legislative law, section 1-v as
    11  relettered by chapter 1 of the laws of 2005, are relettered sections 1-w
    12  and 1-x and two new sections 1-u and 1-v are added to read as follows:
    13    § 1-u. Sexual harassment. No lobbyist shall commit an an act of sexual
    14  harassment while engaging in lobbying or lobbying activities.
    15    § 1-v. Prevention of sexual harassment by lobbyists. (a) For  purposes
    16  of  this  section,  "lobbyist"  shall  mean every person or organization
    17  retained, employed, or designated by any client to engage in lobbying.
    18    (b) Every organization which employs a lobbyist shall have in place an
    19  anti-sexual harassment policy consistent with current state and  federal
    20  statutory  provisions.  Such  sexual  harassment  policy shall be widely
    21  distributed and be  made  available  to  every  employee  and  shall  be
    22  included in every new employee orientation.
    23    (c)  Every  organization which employs a lobbyist shall conduct appro-
    24  priate yearly anti-sexual harassment training. Such training shall be no
    25  less than two hours in length,  shall  be  interactive  and  shall:  (i)
    26  define sexual harassment; (ii) provide examples of conduct that would be
    27  defined  as unlawful sexual harassment; (iii) include but not be limited
    28  to information concerning the federal  and  state  statutory  provisions
    29  concerning sexual harassment and remedies available to victims of sexual
    30  harassment; and (iv) inform employees of their rights to redress and the
    31  availability and forms of complaint resolution assistance.
    32    (d)  A  clause  shall  be  inserted  in  the statement of registration
    33  required by section one-e of this article, certifying: (i) the organiza-
    34  tion employing such lobbyist has adopted an anti-sexual harassment poli-
    35  cy; (ii) such policy has been delivered to each  new  employee  of  such
    36  organization;  (iii)  such  policy  has been widely distributed and made
    37  available to all employees; and (iv) anti-sexual harassment training has
    38  been conducted.
    39    (e) If any lobbyist fails to certify pursuant to  subdivision  (d)  of
    40  this  section,  such lobbyist shall have sixty days to cure such defect.
    41  If after sixty days the defect has not been cured, the lobbyist shall be
    42  prohibited from appearing before the legislature  until  the  defect  is
    43  cured.  The  joint commission on public ethics shall prepare and deliver
    44  to the governor, the temporary president of the senate and  the  speaker
    45  of the assembly an annual report in September of each year which identi-
    46  fies  the  number  of  lobbyists who, as of September of each year, have
    47  failed to comply with subdivision (d) of this section and are prohibited
    48  from appearing before the legislature until the  defect  is  cured.  The
    49  joint  commission  on  public  ethics  shall  prepare and deliver to the
    50  governor, the temporary president of the senate and the speaker  of  the
    51  assembly an annual report in September of each year which identifies the
    52  number  of  lobbyists  who, as of September of each year, have failed to
    53  comply with subdivision four of this section  and  are  prohibited  from
    54  appearing before the legislature.
    55    § 5. This act shall take effect immediately.