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Senate Bill S7196

2017-2018 Legislative Session

Requires state legislators who pay financial settlements in cases of certain sexual harassment claims using state or legislative funds to reimburse the state or legislature

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2017-S7196 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Legislative Law
Laws Affected:
Add §81, Leg L

2017-S7196 (ACTIVE) - Summary

Requires state legislators who pay financial settlements in cases of certain sexual harassment claims using state or legislative funds to reimburse the state or legislature for the amount of the state or legislative funds awarded or paid to the victim.

2017-S7196 (ACTIVE) - Sponsor Memo

2017-S7196 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7196
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the legislative law,  in  relation  to  requiring  state
   legislators  who  pay financial settlements in cases of certain sexual
   harassment claims using state or legislative funds  to  reimburse  the
   state  or legislature for the amount of the state or legislative funds
   awarded or paid to the victim
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The legislative law is amended by adding a new section 81
 to read as follows:
   § 81. PERSONAL LIABILITY OF MEMBERS OF THE LEGISLATURE FOR PAYMENT  OF
 CERTAIN  SETTLEMENTS  AND  AWARDS.  1. ANY MEMBER OF THE LEGISLATURE WHO
 PERSONALLY COMMITS OR IS ALLEGED TO HAVE COMMITTED AN UNLAWFUL DISCRIMI-
 NATORY PRACTICE AS REFERRED TO IN SUBDIVISIONS ONE, ONE-A  OR  THREE  OF
 SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW RESULTING IN A CLAIM
 OF  SEXUAL  HARASSMENT  SHALL  BE  PERSONALLY  LIABLE FOR PAYMENT OF ANY
 FINANCIAL AWARD OR SETTLEMENT DUE TO THE VICTIM. IF ALL  OR  PART  OF  A
 FINANCIAL  AWARD  OR  SETTLEMENT  IS  PAID OR OBTAINED FROM ANY STATE OR
 LEGISLATIVE ACCOUNTS OR FUNDS, THE MEMBER WHO COMMITTED OR IS ALLEGED TO
 HAVE COMMITTED THE VIOLATION SHALL, WITHIN SIXTY DAYS OF PAYMENT OF  THE
 FINANCIAL  AWARD  OR  SETTLEMENT TO THE VICTIM, PERSONALLY REIMBURSE THE
 ACCOUNT OR SOURCE FROM WHICH THE FUNDS WERE DISBURSED  OR  OBTAINED  FOR
 THE  FULL  AMOUNT PROVIDED BY SUCH ACCOUNT OR SOURCE TOWARD THE AWARD OR
 SETTLEMENT.
   2. THE MEMBER ACCUSED OF AN ACT SUBJECT TO A  SETTLEMENT  PURSUANT  TO
 THIS  SECTION  MAY CONTEST THE AGREEMENT TO SETTLE, AND IN SUCH CASES NO
 MONETARY CLAIM WILL BE OWED UNLESS ASSIGNED BY AN ADMINISTRATIVE  AGENCY
 OR A COURT OF COMPETENT JURISDICTION. PROVIDED, HOWEVER, THAT IF A COURT
 OR  AGENCY  FINDS  THAT  MONETARY  DAMAGES  ARE  OWED,  THE MEMBER SHALL
 PERSONALLY REIMBURSE THE BODY IN THE MANNER  PROSCRIBED  BY  SUBDIVISION
 ONE OF THIS SECTION.

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