NY State Senate Bill 2019-S698

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Jan 09, 2019	referred to finance

2019-S698 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Legislative Law
Laws Affected:: Amd §§1-c, 1-o & 1-r, rel §§1-u & 1-v to be §§1-w & 1-x, add §§1-u & 1-v, Leg L
Versions Introduced in 2017-2018 Legislative Session:: S8426

2019-S698 (ACTIVE) - Summary

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

2019-S698 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S698

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to amend the legislative law, in relation to sexual harassment
training and penalties for lobbyists

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will extend state and federal statutes on anti-sexual harass-
ment to lobbyists

 
SUMMARY OF SPECIFIC PROVISIONS:

-Definitions
-Prohibits lobbyists from committing sexual harassment while lobbying
-Provides penalties for lobbyists who commit sexual harassment including
a civil penalty and ban for 1 year
-Requires lobbying organizations to have an anti-sexual harassment poli-
cy which is consistent with current state and federal statutory

provisions;
-Requires lobbyists to conduct yearly anti-sexual harassment training;
-Requires the statement of registration for lobbyists to certify they
have adopted and conducted anti-sexual harassment training;
-Lobbyists who fail to certify shall be prohibited to appear before the
legislature;
-Requires a report by the joint commission on public ethics on lobbyists
prohibited before the legislature;

Section 2. Effective Date

 
JUSTIFICATION:

Lobbyists regularly appear before the Legislators and their staff
members. Lobbyists therefore deserve the same training and protections
afforded to government workers and public officials.

Individuals have a right to a workplace free from sexual harassment.
One in four women are sexually harassed at work. Sexual harassment in
the workplace not only hurts the victim but also negatively impacts
coworkers and can contribute to a hostile work environment. The frequen-
cy of contact between legislators and lobbyists and the lobbyists'
familiarity with staff warrants a higher scrutiny of these interpersonal
relationships. As we work to amend sexual harassment policies for public
entities and branches of government, we should ensure lobbyists are
classified as protected individuals.

 
PRIOR LEGISLATIVE HISTORY:

2017-18 Referred to Finance

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately.

2019-S698 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    698
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01658-02-9

 S. 698                              2
 
   (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:
   §  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

 S. 698                              3
 
 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.

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Senate Bill S698

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2019-S698 (ACTIVE) - Details

2019-S698 (ACTIVE) - Summary

2019-S698 (ACTIVE) - Sponsor Memo

2019-S698 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S698

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Finance Committee

2019-S698 (ACTIVE) - Details

2019-S698 (ACTIVE) - Summary

2019-S698 (ACTIVE) - Sponsor Memo

2019-S698 (ACTIVE) - Bill Text download pdf

Comments