Assembly Bill A5059

2023-2024 Legislative Session

Relates to prohibiting sexual harassment by certain individuals

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A5059 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Public Officers Law
Laws Affected:
Amd §74, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10466
2019-2020: A7881
2021-2022: A1042

2023-A5059 (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.

2023-A5059 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5059
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 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.
                                                            LBD00387-01-3
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.