NY State Senate Bill 2017-S6975A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2018	print number 6975a
Jan 12, 2018	amend and recommit to finance
Jan 03, 2018	referred to finance
Dec 28, 2017	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S6975 - Details

See Assembly Version of this Bill:: A10466
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3747, A7881
2021-2022: A1042
2023-2024: A5059

2017-S6975 - 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.

2017-S6975 - Sponsor Memo

2017-S6975 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6975
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             December 28, 2017
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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. This act shall take effect immediately and shall apply to conduct
 that occurs on and after such effective date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14054-01-7

co-Sponsors

2017-S6975A (ACTIVE) - Details

See Assembly Version of this Bill:: A10466
Current Committee:: Senate Finance
Law Section:: Public Officers Law
Laws Affected:: Amd §74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3747, A7881
2021-2022: A1042
2023-2024: A5059

2017-S6975A (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.

2017-S6975A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6975A

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the public officers law, in relation
to prohibiting sexual harassment by certain individuals

 
PURPOSE:

To include sexual harassment as conduct that violates the Code of
Conduct for public officers of the state.

 
SUMMARY OF PROVISIONS:

Section one provides that committing an act of sexual harassment shall
be deemed a violation of the Public Officers Law Code of Conduct.

Section two adds sexual harassment, as defined by section one of this
bill, to the list of violations that are punishable by fine, suspension,
or removal from office or employment.

Section three states the effective date.

 
JUSTIFICATION:

Sexual harassment in the workplace has become widely publicized in
recent days, and the rampant nature of harassing conduct must be taken
seriously. New York can become a leader by setting a high standard for
public officers in the workplace, which will help ensure that a harass-
ment-free workplace is promoted and harassment is taken seriously. This
legislation would explicitly add commission of an act of sexual harass-
ment as a violation of the Public Officers Law Code of Conduct. Commit-
ting an act of sexual harassment would be punished by a civil fine of up
to $10,000 per incident, and would trigger an ethics Investigation and
determination by the Legislative Ethics Commission and/or Joint Commis-
sion on Public Ethics. By raising the bar for public officers, New York
will set the highest example for expectations of good conduct at work.

 
FISCAL IMPACT:

None

 
EFFECTIVE DATE:
Immediately, and shall apply to acts committed after the effective date.

2017-S6975A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6975--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             December 28, 2017
                                ___________
 
 Introduced  by Sens. KENNEDY, KRUEGER, PERALTA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted to the Committee on Finance in accordance with Senate Rule
   6, sec. 8 -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14054-02-8

 S. 6975--A                          2
 
 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
 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.

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Senate Bill S6975A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2017-S6975 - Details

2017-S6975 - Summary

2017-S6975 - Sponsor Memo

2017-S6975 - Bill Text download pdf

co-Sponsors

2017-S6975A (ACTIVE) - Details

2017-S6975A (ACTIVE) - Summary

2017-S6975A (ACTIVE) - Sponsor Memo

2017-S6975A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6975A

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Liz Krueger

Jose Peralta

2017-S6975 - Details

2017-S6975 - Summary

2017-S6975 - Sponsor Memo

2017-S6975 - Bill Text download pdf

co-Sponsors

Brian Benjamin

Liz Krueger

Jose Peralta

2017-S6975A (ACTIVE) - Details

2017-S6975A (ACTIVE) - Summary

2017-S6975A (ACTIVE) - Sponsor Memo

2017-S6975A (ACTIVE) - Bill Text download pdf

Comments