S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1042
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Codes
 
 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
 three  of  this section shall be subject to a civil penalty in an amount
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05664-01-1

 A. 1042                             2
 
 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
 a  civil  penalty  in  an  amount  not  to exceed the value of any gift,
 compensation or benefit received as a result of such violation.
   § 3. This act shall take effect immediately and shall apply to conduct
 that occurs on and after such effective date.