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.
STATE OF NEW YORK
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3747--A
2019-2020 Regular Sessions
IN SENATE
February 13, 2019
___________
Introduced by Sens. KENNEDY, BENJAMIN, KRUEGER -- read twice and ordered
printed, and when printed to be committed to the Committee on Ethics
and Internal Governance -- 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:
1 Section 1. Subdivision 3 of section 74 of the public officers law is
2 amended by adding a new paragraph j to read as follows:
3 j. No officer or employee of a state agency, member of the legislature
4 or legislative employee shall commit an act of sexual harassment while
5 serving in his or her official capacity. For purposes of this section,
6 "sexual harassment" shall include all conduct which is prohibited pursu-
7 ant to an employer's sexual harassment prevention policy adopted pursu-
8 ant to subdivision one of section two hundred one-g of the labor law.
9 § 2. Subdivision 4 of section 74 of the public officers law, as
10 amended by chapter 14 of the laws of 2007, is amended to read as
11 follows:
12 4. Violations. In addition to any penalty contained in any other
13 provision of law any such officer, member or employee who shall knowing-
14 ly and intentionally violate any of the provisions of this section may
15 be fined, suspended or removed from office or employment in the manner
16 provided by law. Any such individual who knowingly and intentionally
17 violates the provisions of paragraph b, c, d [or], i or j of subdivision
18 three of this section shall be subject to a civil penalty in an amount
19 not to exceed ten thousand dollars and the value of any gift, compen-
20 sation or benefit received as a result of such violation. Any such indi-
21 vidual who knowingly and intentionally violates the provisions of para-
22 graph a, e or g of subdivision three of this section shall be subject to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04098-02-9
S. 3747--A 2
1 a civil penalty in an amount not to exceed the value of any gift,
2 compensation or benefit received as a result of such violation.
3 § 3. This act shall take effect immediately and shall apply to conduct
4 that occurs on and after such effective date.
