NY State Senate Bill 2023-S4427

Senate Bill S4427

2023-2024 Legislative Session

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

download bill text pdf

Current 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 03, 2024	referred to judiciary
Feb 08, 2023	referred to judiciary

2023-S4427 (ACTIVE) - Details

See Assembly Version of this Bill:: A6386
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
2021-2022: S750

2023-S4427 (ACTIVE) - Summary

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

2023-S4427 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4427

SPONSOR: FERNANDEZ
 
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 OR GENERAL IDEA OF BILL:

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 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:

2021-2022: S750

2019-2020: S2049 / A3643

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4427 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4427
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08772-01-3

 S. 4427                             2
 
 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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