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Senate Bill S3747A

2019-2020 Legislative Session

Relates to prohibiting sexual harassment by certain individuals

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

2019-S3747 - Details

Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §74, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
S6975

2019-S3747 - Summary

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.

2019-S3747 - Sponsor Memo

2019-S3747 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3747
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, BENJAMIN, KRUEGER -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Ethics
   and Internal Governance
 
 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:
 
   Section 1. Subdivision 3 of section 74 of the public officers  law  is
 amended by adding a new paragraph j to read as follows:
   J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE
 OR  LEGISLATIVE  EMPLOYEE SHALL COMMIT AN ACT OF SEXUAL HARASSMENT WHILE
 SERVING IN HIS OR HER OFFICIAL CAPACITY. FOR PURPOSES OF  THIS  SECTION,
 "SEXUAL  HARASSMENT"  SHALL  MEAN  MAKING  UNWELCOME  OR UNWANTED SEXUAL
 ADVANCES, REQUESTING SEXUAL FAVORS IN EXCHANGE FOR  FAVORABLE  TREATMENT
 OR  CONTINUED  EMPLOYMENT,  ENGAGING  IN VERBAL OR PHYSICAL CONDUCT OF A
 SEXUAL NATURE WHICH IS MADE A TERM OR CONDITION OR EMPLOYMENT, OR  USING
 THE  REFUSAL  OR ACCEPTANCE OF SUCH ADVANCES AS THE BASIS FOR EMPLOYMENT
 DECISIONS. "SEXUAL HARASSMENT" SHALL ALSO INCLUDE ANY TYPE  OF  SEXUALLY
 ORIENTED  CONDUCT  THAT  IS  UNWELCOME  AND HAS THE PURPOSE OR EFFECT OF
 UNREASONABLY INTERFERING WITH AN EMPLOYEE'S WORK PERFORMANCE OR CREATING
 A WORK ENVIRONMENT THAT IS INTIMIDATING, HOSTILE, OFFENSIVE OR  COERCIVE
 TO A REASONABLE PERSON.
   §  2.  Subdivision  4  of  section  74  of the public officers law, as
 amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
 follows:
   4.  Violations.  In  addition  to  any  penalty contained in any other
 provision of law any such officer, member or employee who shall knowing-
 ly and intentionally violate any of the provisions of this  section  may
 be  fined,  suspended or removed from office or employment in the manner
 provided by law. Any such individual  who  knowingly  and  intentionally
 violates the provisions of paragraph b, c, d [or], i OR J of subdivision
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S3747A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §74, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
S6975

2019-S3747A (ACTIVE) - Summary

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.

2019-S3747A (ACTIVE) - Sponsor Memo

2019-S3747A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3747--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, BENJAMIN, KRUEGER -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Ethics
   and Internal Governance -- 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:
 
   Section 1. Subdivision 3 of section 74 of the public officers  law  is
 amended by adding a new paragraph j to read as follows:
   J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE
 OR  LEGISLATIVE  EMPLOYEE SHALL COMMIT AN ACT OF SEXUAL HARASSMENT WHILE
 SERVING IN HIS OR HER OFFICIAL CAPACITY. FOR PURPOSES OF  THIS  SECTION,
 "SEXUAL HARASSMENT" SHALL INCLUDE ALL CONDUCT WHICH IS PROHIBITED PURSU-
 ANT  TO AN EMPLOYER'S SEXUAL HARASSMENT PREVENTION POLICY ADOPTED PURSU-
 ANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED ONE-G OF THE LABOR LAW.
   § 2. Subdivision 4 of section  74  of  the  public  officers  law,  as
 amended  by  chapter  14  of  the  laws  of  2007, is amended to read as
 follows:
   4. Violations. In addition to  any  penalty  contained  in  any  other
 provision of law any such officer, member or employee who shall knowing-
 ly  and  intentionally violate any of the provisions of this section may
 be fined, suspended or removed from office or employment in  the  manner
 provided  by  law.  Any  such individual who knowingly and intentionally
 violates the provisions of paragraph b, c, d [or], i OR J of subdivision
 three of this section shall be subject to a civil penalty in  an  amount
 not  to  exceed  ten thousand dollars and the value of any gift, compen-
 sation or benefit received as a result of such violation. Any such indi-
 vidual who knowingly and intentionally violates the provisions of  para-
 graph a, e or g of subdivision three of this section shall be subject to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04098-02-9

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