Requires state legislators who pay financial settlements in cases of certain sexual harassment claims using state or legislative funds to reimburse the state or legislature for the amount of the state or legislative funds awarded or paid to the victim.
STATE OF NEW YORK
________________________________________________________________________
7196
IN SENATE(Prefiled)
January 3, 2018
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the legislative law, in relation to requiring state
legislators who pay financial settlements in cases of certain sexual
harassment claims using state or legislative funds to reimburse the
state or legislature for the amount of the state or legislative funds
awarded or paid to the victim
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislative law is amended by adding a new section 81
2 to read as follows:
3 § 81. Personal liability of members of the legislature for payment of
4 certain settlements and awards. 1. Any member of the legislature who
5 personally commits or is alleged to have committed an unlawful discrimi-
6 natory practice as referred to in subdivisions one, one-a or three of
7 section two hundred ninety-six of the executive law resulting in a claim
8 of sexual harassment shall be personally liable for payment of any
9 financial award or settlement due to the victim. If all or part of a
10 financial award or settlement is paid or obtained from any state or
11 legislative accounts or funds, the member who committed or is alleged to
12 have committed the violation shall, within sixty days of payment of the
13 financial award or settlement to the victim, personally reimburse the
14 account or source from which the funds were disbursed or obtained for
15 the full amount provided by such account or source toward the award or
16 settlement.
17 2. The member accused of an act subject to a settlement pursuant to
18 this section may contest the agreement to settle, and in such cases no
19 monetary claim will be owed unless assigned by an administrative agency
20 or a court of competent jurisdiction. Provided, however, that if a court
21 or agency finds that monetary damages are owed, the member shall
22 personally reimburse the body in the manner proscribed by subdivision
23 one of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14058-03-7
S. 7196 2
1 3. For purposes of this section, members of the legislature shall be
2 deemed to be employers as described in section two hundred ninety-six of
3 the executive law.
4 § 2. This act shall take effect immediately and shall apply to claims
5 of sexual harassment by members of the New York state legislature aris-
6 ing from behavior occurring on and after January 1, 2018.
