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

download bill text pdf

Sponsored By

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

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to investigations and government operations

Co-Sponsors

S7196 (ACTIVE) - Details

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

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.

S7196 (ACTIVE) - Sponsor Memo

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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