Senate Bill S8426

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8426
 
                             I N  S E N A T E
 
                                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:

   Section 1. Section 1-c of the legislative law is amended by  adding  a
 new subdivision (x) to read as follows:
   (X)  THE  TERM  "SEXUAL  HARASSMENT" SHALL INCLUDE UNWELCOME ADVANCES,
 REQUESTING SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXU-
 AL NATURE IF SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM
 OR CONDITION OF EMPLOYMENT,  OR  SUBMISSION  TO  OR  REJECTION  OF  SUCH
 CONDUCT IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDI-
 VIDUAL'S EMPLOYMENT, OR SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREA-
 SONABLY INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN
 INTIMIDATING,  HOSTILE,  OR  OFFENSIVE  WORK  ENVIRONMENT,  EVEN  IF THE
 COMPLAINING INDIVIDUAL IS NOT THE INTENDED TARGET OF THE SEXUAL  HARASS-
 MENT.
   §  2.  Section  1-o  of the legislative law is amended by adding a new
 subdivision (e) to read as follows:
   (E)(I) ANY LOBBYIST WHO IS FOUND GUILTY OF SEXUAL HARASSMENT SHALL  BE
 SUBJECTED TO A CIVIL PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   (II)  ANY  LOBBYIST  WHO  IS  FOUND GUILTY OF SEXUAL HARASSMENT, AFTER
 HAVING BEEN FOUND GUILTY FOR SEXUAL HARASSMENT BY THE COMMISSION MAY  BE
 SUBJECT TO A DETERMINATION THAT THE LOBBYIST IS PROHIBITED FROM ENGAGING
 IN LOBBYING OR LOBBYING ACTIVITIES, AS THAT TERM IS DEFINED IN PARAGRAPH
 (V) OF SUBDIVISION (C) OF SECTION ONE-C OF THIS ARTICLE, FOR A PERIOD OF
 ONE YEAR.
   (III)  ALL MONIES RECOVERED BY THE ATTORNEY GENERAL OR RECEIVED BY THE
 COMMISSION FROM THE ASSESSMENT OF CIVIL  PENALTIES  AUTHORIZED  BY  THIS
 SECTION SHALL BE DEPOSITED TO THE GENERAL FUND.
   §  3. Section 1-r of the legislative law, as added by chapter 2 of the
 laws of 1999 and as relettered by chapter 1 of  the  laws  of  2005,  is
 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-r.  Publication of statement on lobbying regulations. The commis-
 sion shall publish a statement on lobbying regulations setting forth the
 requirements of this article in a clear and brief manner. Such statement
 shall contain an explanation of the registration and filing requirements
 and  the penalties for violation thereof, ALONG WITH THE STATEMENT ABOUT
 THE IMPERMISSIBILITY OF SEXUAL  HARASSMENT,  together  with  such  other
 information  as the commission shall determine, and copies thereof shall
 be made available to the public at convenient locations  throughout  the
 state.
   §  4.  Sections  1-u  and  1-v  of the legislative law, section 1-v as
 relettered by chapter 1 of the laws of 2005, are relettered sections 1-w
 and 1-x and two new sections 1-u and 1-v are added to read as follows:
   § 1-U. SEXUAL HARASSMENT. NO LOBBYIST SHALL COMMIT AN AN ACT OF SEXUAL
 HARASSMENT WHILE ENGAGING IN LOBBYING OR LOBBYING ACTIVITIES.
   § 1-V. PREVENTION OF SEXUAL HARASSMENT BY LOBBYISTS. (A) FOR  PURPOSES
 OF  THIS  SECTION,  "LOBBYIST"  SHALL  MEAN EVERY PERSON OR ORGANIZATION
 RETAINED, EMPLOYED, OR DESIGNATED BY ANY CLIENT TO ENGAGE IN LOBBYING.
   (B) EVERY ORGANIZATION WHICH EMPLOYS A LOBBYIST SHALL HAVE IN PLACE AN
 ANTI-SEXUAL HARASSMENT POLICY CONSISTENT WITH CURRENT STATE AND  FEDERAL
 STATUTORY  PROVISIONS.  SUCH  SEXUAL  HARASSMENT  POLICY SHALL BE WIDELY
 DISTRIBUTED AND BE  MADE  AVAILABLE  TO  EVERY  EMPLOYEE  AND  SHALL  BE
 INCLUDED IN EVERY NEW EMPLOYEE ORIENTATION.
   (C)  EVERY  ORGANIZATION WHICH EMPLOYS A LOBBYIST SHALL CONDUCT APPRO-
 PRIATE YEARLY ANTI-SEXUAL HARASSMENT TRAINING. SUCH TRAINING SHALL BE NO
 LESS THAN TWO HOURS IN LENGTH,  SHALL  BE  INTERACTIVE  AND  SHALL:  (I)
 DEFINE SEXUAL HARASSMENT; (II) PROVIDE EXAMPLES OF CONDUCT THAT WOULD BE
 DEFINED  AS UNLAWFUL SEXUAL HARASSMENT; (III) INCLUDE BUT NOT BE LIMITED
 TO INFORMATION CONCERNING THE FEDERAL  AND  STATE  STATUTORY  PROVISIONS
 CONCERNING SEXUAL HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL
 HARASSMENT; AND (IV) INFORM EMPLOYEES OF THEIR RIGHTS TO REDRESS AND THE
 AVAILABILITY AND FORMS OF COMPLAINT RESOLUTION ASSISTANCE.
   (D)  A  CLAUSE  SHALL  BE  INSERTED  IN  THE STATEMENT OF REGISTRATION
 REQUIRED BY SECTION ONE-E OF THIS ARTICLE, CERTIFYING: (I) THE ORGANIZA-
 TION EMPLOYING SUCH LOBBYIST HAS ADOPTED AN ANTI-SEXUAL HARASSMENT POLI-
 CY; (II) SUCH POLICY HAS BEEN DELIVERED TO EACH  NEW  EMPLOYEE  OF  SUCH
 ORGANIZATION;  (III)  SUCH  POLICY  HAS BEEN WIDELY DISTRIBUTED AND MADE
 AVAILABLE TO ALL EMPLOYEES; AND (IV) ANTI-SEXUAL HARASSMENT TRAINING HAS
 BEEN CONDUCTED.
   (E) IF ANY LOBBYIST FAILS TO CERTIFY PURSUANT TO  SUBDIVISION  (D)  OF
 THIS  SECTION,  SUCH LOBBYIST SHALL HAVE SIXTY DAYS TO CURE SUCH DEFECT.
 IF AFTER SIXTY DAYS THE DEFECT HAS NOT BEEN CURED, THE LOBBYIST SHALL BE
 PROHIBITED FROM APPEARING BEFORE THE LEGISLATURE  UNTIL  THE  DEFECT  IS
 CURED.  THE  JOINT COMMISSION ON PUBLIC ETHICS SHALL PREPARE AND DELIVER
 TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND  THE  SPEAKER
 OF THE ASSEMBLY AN ANNUAL REPORT IN SEPTEMBER OF EACH YEAR WHICH IDENTI-
 FIES  THE  NUMBER  OF  LOBBYISTS WHO, AS OF SEPTEMBER OF EACH YEAR, HAVE
 FAILED TO COMPLY WITH SUBDIVISION (D) OF THIS SECTION AND ARE PROHIBITED
 FROM APPEARING BEFORE THE LEGISLATURE UNTIL THE  DEFECT  IS  CURED.  THE
 JOINT  COMMISSION  ON  PUBLIC  ETHICS  SHALL  PREPARE AND DELIVER TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
 ASSEMBLY AN ANNUAL REPORT IN SEPTEMBER OF EACH YEAR WHICH IDENTIFIES THE
 NUMBER  OF  LOBBYISTS  WHO, AS OF SEPTEMBER OF EACH YEAR, HAVE FAILED TO
 COMPLY WITH SUBDIVISION FOUR OF THIS SECTION  AND  ARE  PROHIBITED  FROM
 APPEARING BEFORE THE LEGISLATURE.
   § 5. This act shall take effect immediately.