NY State Senate Bill 2021-S750

Senate Bill S750

2021-2022 Legislative Session

Relates to the disclosure of certain settlements to the civil rights bureau of the attorney general's office

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Archive: Last Bill Status - In Senate Committee Judiciary 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 05, 2022	referred to judiciary
Jan 06, 2021	referred to judiciary

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2021-S750 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §5003-c, CPLR
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2049
2023-2024: S4427

2021-S750 (ACTIVE) - Summary

Mandates the disclosure of discrimination, sexual harassment and sexual assault settlements to the civil rights bureau of the attorney general's office.

2021-S750 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S750

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to the
disclosure of certain settlements to the civil rights bureau of the
attorney general's office

 
PURPOSE:

To enable the attorney general's office to track settlements of discrim-
ination, harassment, and sexual assault claims to identify and investi-
gate repeat offenders.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the civil practice law and rules by adding a new
section 5003-b to require that all settlements related to allegations of
discrimination, harassment, and sexual assault be disclosed to the
attorney general's office for the purpose of identifying and investigat-

ing patterns of discrimination.

Section 2 provides the effective date.

 
JUSTIFICATION:

The widespread use of confidential settlements has served to conceal
evidence of repeated sexual harassment and enable patterns of abuse to
continue. This legislation would require all civil settlements related
to allegations of discrimination, harassment and sexual assault to be
disclosed to the civil rights bureau of the attorney general's office.
The information would be maintained confidentially and used to identify
persistent or repeated misconduct to investigate. Allowing the attorney
general to monitor settlements will strengthen the state's ability to
hold serial offenders accountable and protect public safety. This bill
would preserve the privacy of individual targets of harassment and while
ensuring confidential settlements do not shield predators who pose a
continued threat to the public.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S2049B/A3643A - Died in Judiciary/ Died in Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S750 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    750
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, GAUGHRAN, GOUNARDES, HOYLMAN, LIU, MAYER,
   RIVERA, SALAZAR -- read twice and ordered printed, and when printed to
   be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   disclosure  of  certain  settlements to the civil rights bureau of the
   attorney general's office
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 5003-c to read as follows:
   §  5003-C. SETTLEMENTS RELATED TO DISCRIMINATION, SEXUAL HARASSMENT OR
 SEXUAL ASSAULT. 1. ALL SETTLEMENTS RELATED TO ALLEGATIONS  OF  DISCRIMI-
 NATION,  SEXUAL  HARASSMENT  OR SEXUAL ASSAULT SHALL BE DISCLOSED TO THE
 CIVIL RIGHTS BUREAU OF THE ATTORNEY GENERAL'S OFFICE FOR THE PURPOSES OF
 IDENTIFYING EVIDENCE OF PATTERNS OF  UNLAWFUL  DISCRIMINATION.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A. "DISCRIMINATION" SHALL MEAN ANY DISCRIMINATORY ACT PROHIBITED UNDER
 THE CIVIL RIGHTS LAW, THE HUMAN RIGHTS  LAW  OR  APPLICABLE  FEDERAL  OR
 LOCAL ANTI-DISCRIMINATION LAWS.
   B.  "SEXUAL HARASSMENT" SHALL MEAN UNWELCOME SEXUAL ADVANCES, REQUESTS
 FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT ON THE BASIS  OF
 AN  INDIVIDUAL'S  GENDER  OR  PERCEIVED  GENDER  WHEN  SUBMISSION  TO OR
 REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICITLY, AFFECTS AN INDIVID-
 UAL'S EMPLOYMENT, UNREASONABLY  INTERFERES  WITH  AN  INDIVIDUAL'S  WORK
 PERFORMANCE  OR CREATES AN INTIMIDATING, HOSTILE OR OFFENSIVE WORK ENVI-
 RONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO OR DISCHARGE OF  THE
 INDIVIDUAL.
   C. "SEXUAL ASSAULT" SHALL MEAN UNWANTED SEXUAL CONTACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02845-01-1

 S. 750                              2
 
   2.  THE  ATTORNEY GENERAL'S OFFICE SHALL MAINTAIN CONFIDENTIAL RECORDS
 OF ALL INFORMATION DISCLOSED UNDER  THIS  SECTION  AND  INVESTIGATE  ANY
 INDIVIDUAL  OR  INSTITUTION  THAT HAS ENTERED INTO THREE OR MORE SETTLE-
 MENTS RELATED TO DISCRIMINATION, SEXUAL  HARASSMENT  OR  SEXUAL  ASSAULT
 CLAIMS.
   3.  RECORDS  SHALL  BE SAFEGUARDED FROM COMING TO THE KNOWLEDGE OF AND
 FROM INSPECTION OR EXAMINATION BY ANY PERSON  OTHER  THAN  THE  ATTORNEY
 GENERAL  OR OTHER DESIGNATED OFFICIALS IN THE BUREAU FOR THE PERFORMANCE
 OF THEIR OFFICIAL DUTIES. AUTHORIZED PERSONS SHALL NOT DIVULGE  INFORMA-
 TION  CONTAINED  THEREIN  WITHOUT  THE  WRITTEN  CONSENT OF THE ATTORNEY
 GENERAL.  THE AUTHORIZED DISCLOSURE OF ANY SUCH  INFORMATION  SHALL  NOT
 CONTAIN  ANY INDIVIDUALLY IDENTIFIABLE INFORMATION FOR A SETTLING PLAIN-
 TIFF.
   § 2. This act shall take effect immediately.

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