Bill Text: NY A09511 | 2017-2018 | General Assembly | Introduced
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Bill Title: Enacts into law major components of legislation which are necessary to implement the women's agenda; requires health insurance policies to include coverage of all FDA-approved contraceptive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services; prohibits a health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage (Part A); revises provisions of law relating to abortion and repeals certain provisions (Part B); establishes the maternal mortality review board which shall review maternal deaths to assess the cause and factors leading to such deaths (Part C); relates to appointees to the state board for medicine, requiring one to be an expert on reducing health disparities among demographic subgroups, and one to be an expert on women's health (Part D); relates to the possession of weapons by domestic violence offenders (Part E); establishes the new crimes of sexual extortion in the first, second and third degrees; grants concurrent jurisdiction to family court and criminal courts (Part F); extends the time of storage of forensic rape kits by hospitals to not less than the longer of five years or the date the alleged sexual offense victim reaches the age of nineteen and repeals certain provisions relating thereto (Part G); expands the scope of unlawful discriminatory practices to include public educational institutions (Part H); enacts comprehensive sexual harassment policies for New York state, including, requiring contractors that do business with the state to annually report the number of sexual harassment violations, prohibiting mandatory arbitration clauses based upon sexual harassment, individual liability for sexual harassment, prohibiting entering into confidential settlements, establishing a unit to receive and investigate sexual harassment claims, and enacting uniform standards for sexual harassment policies for all branches of state and local governments (Part I); creates a work group to create a report on computer science education standards (Part J); relates to the creation of the "Be Aware, Be Informed" awareness, prevention and education program (Part K); provides free feminine hygiene products in the restrooms of public schools for grades six through twelve (Part L); and relates to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part M).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-02-16 - print number 9511a [A09511 Detail]
Download: New_York-2017-A09511-Introduced.html
Bill Title: Enacts into law major components of legislation which are necessary to implement the women's agenda; requires health insurance policies to include coverage of all FDA-approved contraceptive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services; prohibits a health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage (Part A); revises provisions of law relating to abortion and repeals certain provisions (Part B); establishes the maternal mortality review board which shall review maternal deaths to assess the cause and factors leading to such deaths (Part C); relates to appointees to the state board for medicine, requiring one to be an expert on reducing health disparities among demographic subgroups, and one to be an expert on women's health (Part D); relates to the possession of weapons by domestic violence offenders (Part E); establishes the new crimes of sexual extortion in the first, second and third degrees; grants concurrent jurisdiction to family court and criminal courts (Part F); extends the time of storage of forensic rape kits by hospitals to not less than the longer of five years or the date the alleged sexual offense victim reaches the age of nineteen and repeals certain provisions relating thereto (Part G); expands the scope of unlawful discriminatory practices to include public educational institutions (Part H); enacts comprehensive sexual harassment policies for New York state, including, requiring contractors that do business with the state to annually report the number of sexual harassment violations, prohibiting mandatory arbitration clauses based upon sexual harassment, individual liability for sexual harassment, prohibiting entering into confidential settlements, establishing a unit to receive and investigate sexual harassment claims, and enacting uniform standards for sexual harassment policies for all branches of state and local governments (Part I); creates a work group to create a report on computer science education standards (Part J); relates to the creation of the "Be Aware, Be Informed" awareness, prevention and education program (Part K); provides free feminine hygiene products in the restrooms of public schools for grades six through twelve (Part L); and relates to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part M).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-02-16 - print number 9511a [A09511 Detail]
Download: New_York-2017-A09511-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 7511 A. 9511 SENATE - ASSEMBLY January 18, 2018 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the insurance law, the social services law, the educa- tion law and the public health law, in relation to requiring health insurance policies to include coverage of all FDA-approved contracep- tive drugs, devices, and products, as well as voluntary sterilization procedures, contraceptive education and counseling, and related follow up services and prohibiting a health insurance policy from imposing any cost-sharing requirements or other restrictions or delays with respect to this coverage (Part A); to amend the penal law, the crimi- nal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the public health law relating to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relating to abortion (Part B); to amend the public health law, in relation to establishing a maternal mortal- ity review board (Part C); to amend the education law, in relation to appointees to the state board for medicine (Part D); to amend the penal law and the criminal procedure law, in relation to the possession of weapons by domestic violence offenders; and to repeal section 530.14 of the criminal procedure law and section 842-a of the family court act relating thereto (Part E); to amend the penal law, in relation to establishing the new crimes of sexual extortion in the first, second and third degrees; to amend the family court act and the criminal procedure law, in relation to adding unlawful publication of sexual images and sexual extortion as crimes over which family courts and criminal courts have concurrent jurisdiction in certain circum- stances; to amend the penal law, in relation to establishing the new crime of unlawful publication of sexual images (Part F); to amend the public health law, in relation to extending the time of storage of forensic rape kits by hospitals; and repealing certain provisions of such law relating thereto (Part G); to amend the executive law, in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12676-01-8S. 7511 2 A. 9511 relation to expanding the scope of unlawful discriminatory practices to include public educational institutions (Part H); to amend the state finance law, in relation to requiring contractors that do busi- ness with the state to annually report the number of sexual harassment violations (Subpart A); to amend the general business law, in relation to discrimination based upon sexual harassment (Subpart B); to amend the executive law and the public officers law, in relation to individ- ual liability for sexual harassment (Subpart C); to amend the execu- tive law and the general municipal law, in relation to the entering of confidential settlements (Subpart D); to amend the public officers law and the executive law, in relation to sexual harassment violations and establishing a unit to receive and investigate such claims (Subpart E); and to amend the executive law, the legislative law, the judiciary law, the general municipal law and the public authorities law, in relation to uniform standards for sexual harassment polices for all branches of state and local governments (Subpart F) (Part I); relating to the creation of computer science education standards (Part J); to amend the education law, in relation to the creation of the "Be Aware, Be Informed" awareness, prevention and education program (Part K); to amend the public health law, in relation to providing feminine hygiene products in public schools (Part L); and to amend the executive law, in relation to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations avail- able for use by both male and female occupants (Part M) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 relating to the Women's Agenda. Each component is wholly contained with- 3 in a Part identified as Parts A through M. The effective date for each 4 particular provision contained within such Part is set forth in the last 5 section of such Part. Any provision in any section contained within a 6 Part, including the effective date of the Part, which makes a reference 7 to a section "of this act", when used in connection with that particular 8 component, shall be deemed to mean and refer to the corresponding 9 section of the Part in which it is found. Section three of this act sets 10 forth the general effective date of this act. 11 PART A 12 Section 1. Paragraph 16 of subsection (l) of section 3221 of the 13 insurance law, as added by chapter 554 of the laws of 2002, is amended 14 to read as follows: 15 (16) (A) Every group or blanket policy [which provides coverage for16prescription drugs shall include coverage for the cost of contraceptive17drugs or devices approved by the federal food and drug administration or18generic equivalents approved as substitutes by such food and drug admin-19istration under the prescription of a health care provider legally20authorized to prescribe under title eight of the education law. The21coverage required by this section shall be included in policies and22certificates only through the addition of a rider.23(A)] that is issued, amended, renewed, effective or delivered on or 24 after January first, two thousand nineteen, shall provide coverage for 25 all of the following services and contraceptive methods:S. 7511 3 A. 9511 1 (1) All FDA-approved contraceptive drugs, devices, and other products. 2 This includes all FDA-approved over-the-counter contraceptive drugs, 3 devices, and products as prescribed or as otherwise authorized under 4 state or federal law. The following applies to this coverage: 5 (a) where the FDA has approved one or more therapeutic and pharmaceu- 6 tical equivalent, as defined by the FDA, versions of a contraceptive 7 drug, device, or product, a group or blanket policy is not required to 8 include all such therapeutic and pharmaceutical equivalent versions in 9 its formulary, so long as at least one is included and covered without 10 cost-sharing and in accordance with this paragraph; 11 (b) if the covered therapeutic and pharmaceutical equivalent versions 12 of a drug, device, or product are not available or are deemed medically 13 inadvisable a group or blanket policy shall provide coverage for an 14 alternate therapeutic and pharmaceutical equivalent version of the 15 contraceptive drug, device, or product without cost-sharing; 16 (c) this coverage shall include emergency contraception without cost- 17 sharing when provided pursuant to an ordinary prescription, non-patient 18 specific regimen order, or order under section sixty-eight hundred thir- 19 ty-one of the education law and when lawfully provided other than 20 through a prescription or order; and 21 (d) this coverage must allow for the dispensing of twelve months worth 22 of a contraceptive at one time; 23 (2) Voluntary sterilization procedures; 24 (3) Patient education and counseling on contraception; and 25 (4) Follow-up services related to the drugs, devices, products, and 26 procedures covered under this paragraph, including, but not limited to, 27 management of side effects, counseling for continued adherence, and 28 device insertion and removal. 29 (B) A group or blanket policy subject to this paragraph shall not 30 impose a deductible, coinsurance, copayment, or any other cost-sharing 31 requirement on the coverage provided pursuant to this paragraph. 32 (C) Except as otherwise authorized under this paragraph, a group or 33 blanket policy shall not impose any restrictions or delays on the cover- 34 age required under this paragraph. 35 (D) Benefits for an enrollee under this paragraph shall be the same 36 for an enrollee's covered spouse or domestic partner and covered 37 nonspouse dependents. 38 (E) Notwithstanding any other provision of this subsection, a reli- 39 gious employer may request a contract without coverage for federal food 40 and drug administration approved contraceptive methods that are contrary 41 to the religious employer's religious tenets. If so requested, such 42 contract shall be provided without coverage for contraceptive methods. 43 This paragraph shall not be construed to deny an enrollee coverage of, 44 and timely access to, contraceptive methods. 45 (1) For purposes of this subsection, a "religious employer" is an 46 entity for which each of the following is true: 47 (a) The inculcation of religious values is the purpose of the entity. 48 (b) The entity primarily employs persons who share the religious 49 tenets of the entity. 50 (c) The entity serves primarily persons who share the religious tenets 51 of the entity. 52 (d) The entity is a nonprofit organization as described in Section 53 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended. 54 (2) Every religious employer that invokes the exemption provided under 55 this paragraph shall provide written notice to prospective enrolleesS. 7511 4 A. 9511 1 prior to enrollment with the plan, listing the contraceptive health care 2 services the employer refuses to cover for religious reasons. 3 [(B) (i)] (F) (1) Where a group policyholder makes an election not to 4 purchase coverage for contraceptive drugs or devices in accordance with 5 subparagraph [(A)] (E) of this paragraph each certificateholder covered 6 under the policy issued to that group policyholder shall have the right 7 to directly purchase the rider required by this paragraph from the 8 insurer which issued the group policy at the prevailing small group 9 community rate for such rider whether or not the employee is part of a 10 small group. 11 [(ii)] (2) Where a group policyholder makes an election not to 12 purchase coverage for contraceptive drugs or devices in accordance with 13 subparagraph [(A)] (E) of this paragraph, the insurer that provides such 14 coverage shall provide written notice to certificateholders upon enroll- 15 ment with the insurer of their right to directly purchase a rider for 16 coverage for the cost of contraceptive drugs or devices. The notice 17 shall also advise the certificateholders of the additional premium for 18 such coverage. 19 [(C)] (G) Nothing in this paragraph shall be construed as authorizing 20 a group or blanket policy which provides coverage for prescription drugs 21 to exclude coverage for prescription drugs prescribed for reasons other 22 than contraceptive purposes. 23 [(D) Such coverage may be subject to reasonable annual deductibles and24coinsurance as may be deemed appropriate by the superintendent and as25are consistent with those established for other drugs or devices covered26under the policy.] 27 § 2. Subsection (cc) of section 4303 of the insurance law, as added by 28 chapter 554 of the laws of 2002, is amended to read as follows: 29 (cc) (1) Every contract [which provides coverage for prescription30drugs shall include coverage for the cost of contraceptive drugs or31devices approved by the federal food and drug administration or generic32equivalents approved as substitutes by such food and drug administration33under the prescription of a health care provider legally authorized to34prescribe under title eight of the education law. The coverage required35by this section shall be included in contracts and certificates only36through the addition of a rider.37(1)] that is issued, amended, renewed, effective or delivered on or 38 after January first, two thousand nineteen, shall provide coverage for 39 all of the following services and contraceptive methods: 40 (A) All FDA-approved contraceptive drugs, devices, and other products. 41 This includes all FDA-approved over-the-counter contraceptive drugs, 42 devices, and products as prescribed or as otherwise authorized under 43 state or federal law. The following applies to this coverage: 44 (i) where the FDA has approved one or more therapeutic and pharmaceu- 45 tical equivalent, as defined by the FDA, versions of a contraceptive 46 drug, device, or product, a contract is not required to include all such 47 therapeutic and pharmaceutical equivalent versions in its formulary, so 48 long as at least one is included and covered without cost-sharing and in 49 accordance with this subsection; 50 (ii) if the covered therapeutic and pharmaceutical equivalent versions 51 of a drug, device, or product are not available or are deemed medically 52 inadvisable a contract shall provide coverage for an alternate therapeu- 53 tic and pharmaceutical equivalent version of the contraceptive drug, 54 device, or product without cost-sharing; 55 (iii) this coverage shall include emergency contraception without 56 cost-sharing when provided pursuant to an ordinary prescription, non-pa-S. 7511 5 A. 9511 1 tient specific regimen order, or order under section sixty-eight hundred 2 thirty-one of the education law and when lawfully provided other than 3 through a prescription or order; and 4 (iv) this coverage must allow for the dispensing of twelve months 5 worth of a contraceptive at one time; 6 (B) Voluntary sterilization procedures; 7 (C) Patient education and counseling on contraception; and 8 (D) Follow-up services related to the drugs, devices, products, and 9 procedures covered under this subsection, including, but not limited to, 10 management of side effects, counseling for continued adherence, and 11 device insertion and removal. 12 (2) A contract subject to this subsection shall not impose a deduct- 13 ible, coinsurance, copayment, or any other cost-sharing requirement on 14 the coverage provided pursuant to this subsection. 15 (3) Except as otherwise authorized under this subsection, a contract 16 shall not impose any restrictions or delays on the coverage required 17 under this subsection. 18 (4) Benefits for an enrollee under this subsection shall be the same 19 for an enrollee's covered spouse or domestic partner and covered 20 nonspouse dependents. 21 (5) Notwithstanding any other provision of this subsection, a reli- 22 gious employer may request a contract without coverage for federal food 23 and drug administration approved contraceptive methods that are contrary 24 to the religious employer's religious tenets. If so requested, such 25 contract shall be provided without coverage for contraceptive methods. 26 This paragraph shall not be construed to deny an enrollee coverage of, 27 and timely access to, contraceptive methods. 28 (A) For purposes of this subsection, a "religious employer" is an 29 entity for which each of the following is true: 30 (i) The inculcation of religious values is the purpose of the entity. 31 (ii) The entity primarily employs persons who share the religious 32 tenets of the entity. 33 (iii) The entity serves primarily persons who share the religious 34 tenets of the entity. 35 (iv) The entity is a nonprofit organization as described in Section 36 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended. 37 (B) Every religious employer that invokes the exemption provided under 38 this paragraph shall provide written notice to prospective enrollees 39 prior to enrollment with the plan, listing the contraceptive health care 40 services the employer refuses to cover for religious reasons. 41 [(2)](6) (A) Where a group contractholder makes an election not to 42 purchase coverage for contraceptive drugs or devices in accordance with 43 paragraph [one] five of this subsection, each enrollee covered under the 44 contract issued to that group contractholder shall have the right to 45 directly purchase the rider required by this subsection from the insurer 46 or health maintenance organization which issued the group contract at 47 the prevailing small group community rate for such rider whether or not 48 the employee is part of a small group. 49 (B) Where a group contractholder makes an election not to purchase 50 coverage for contraceptive drugs or devices in accordance with paragraph 51 [one] five of this subsection, the insurer or health maintenance organ- 52 ization that provides such coverage shall provide written notice to 53 enrollees upon enrollment with the insurer or health maintenance organ- 54 ization of their right to directly purchase a rider for coverage for the 55 cost of contraceptive drugs or devices. The notice shall also advise the 56 enrollees of the additional premium for such coverage.S. 7511 6 A. 9511 1 [(3)](7) Nothing in this subsection shall be construed as authorizing 2 a contract which provides coverage for prescription drugs to exclude 3 coverage for prescription drugs prescribed for reasons other than 4 contraceptive purposes. 5 [(4) Such coverage may be subject to reasonable annual deductibles and6coinsurance as may be deemed appropriate by the superintendent and as7are consistent with those established for other drugs or devices covered8under the policy.] 9 § 3. Subparagraph (E) of paragraph 17 of subsection (i) of section 10 3216 of the insurance law is amended by adding a new clause (v) to read 11 as follows: 12 (v) all FDA-approved contraceptive drugs, devices, and other products, 13 including all over-the-counter contraceptive drugs, devices, and 14 products as prescribed or as otherwise authorized under state or federal 15 law; voluntary sterilization procedures; patient education and coun- 16 seling on contraception; and follow-up services related to the drugs, 17 devices, products, and procedures covered under this clause, including, 18 but not limited to, management of side effects, counseling for continued 19 adherence, and device insertion and removal. Except as otherwise author- 20 ized under this clause, a contract shall not impose any restrictions or 21 delays on the coverage required under this clause. However, where the 22 FDA has approved one or more therapeutic and pharmaceutical equivalent, 23 as defined by the FDA, versions of a contraceptive drug, device, or 24 product, a contract is not required to include all such therapeutic and 25 pharmaceutical equivalent versions in its formulary, so long as at least 26 one is included and covered without cost-sharing and in accordance with 27 this clause. If the covered therapeutic and pharmaceutical equivalent 28 versions of a drug, device, or product are not available or are deemed 29 medically inadvisable a contract shall provide coverage for an alternate 30 therapeutic and pharmaceutical equivalent version of the contraceptive 31 drug, device, or product without cost-sharing. This coverage shall 32 include emergency contraception without cost-sharing when provided 33 pursuant to an ordinary prescription, non-patient specific regimen 34 order, or order under section sixty-eight hundred thirty-one of the 35 education law and when lawfully provided other than through a 36 prescription or order; and this coverage must allow for the dispensing 37 of twelve months worth of a contraceptive at one time. 38 § 4. Paragraph (d) of subdivision 3 of section 365-a of the social 39 services law, as amended by chapter 909 of the laws of 1974 and as 40 relettered by chapter 82 of the laws of 1995, is amended to read as 41 follows: 42 (d) family planning services and supplies for eligible persons of 43 childbearing age, including children under twenty-one years of age who 44 can be considered sexually active, who desire such services and 45 supplies, in accordance with the requirements of federal law and regu- 46 lations and the regulations of the department. Coverage of prescription 47 contraceptives, excluding emergency contraception, shall include the 48 dispensing of a twelve-month supply at one time. Notwithstanding any 49 inconsistent provision of law, the provision of a twelve-month supply of 50 contraceptives under the Medicaid program shall not apply to emergency 51 contraception. A prescription for contraceptives, with the exception of 52 a prescription for emergency contraception, may be filled twelve times 53 within one year from the date the prescriber initiated the prescription. 54 No person shall be compelled or coerced to accept such services or 55 supplies.S. 7511 7 A. 9511 1 § 5. Subdivision 6 of section 6527 of the education law, as added by 2 chapter 573 of the laws of 1999, paragraph (c) as amended by chapter 464 3 of the laws of 2015, paragraph (d) as added by chapter 429 of the laws 4 of 2005, paragraph (e) as added by chapter 352 of the laws of 2014, 5 paragraph (f) as added by section 6 of part V of chapter 57 of the laws 6 of 2015 and paragraph (g) as added by chapter 502 of the laws of 2016, 7 is amended to read as follows: 8 6. A licensed physician may prescribe and order a non-patient specific 9 regimen [to a registered professional nurse], pursuant to regulations 10 promulgated by the commissioner, and consistent with the public health 11 law, [for] to: 12 (a) a registered professional nurse for: 13 (i) administering immunizations[.]; 14 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 15 [(c)] (iii) administering purified protein derivative (PPD) tests or 16 other tests to detect or screen for tuberculosis infections[.]; 17 [(d)] (iv) administering tests to determine the presence of the human 18 immunodeficiency virus[.]; 19 [(e)] (v) administering tests to determine the presence of the hepati- 20 tis C virus[.]; 21 [(f)] (vi) emergency contraception, to be administered to or dispensed 22 to be self-administered by the patient, under section sixty-eight 23 hundred thirty-two of this title; 24 (vii) the urgent or emergency treatment of opioid related overdose or 25 suspected opioid related overdose[.]; or 26 [(g)] (viii) screening of persons at increased risk of syphilis, 27 gonorrhea and chlamydia. 28 (b) a licensed pharmacist, for dispensing emergency contraception, to 29 be self-administered by the patient, under section sixty-eight hundred 30 thirty-two of this title. 31 § 6. Subdivision 3 of section 6807 of the education law, as added by 32 chapter 573 of the laws of 1999, is amended and a new subdivision 4 is 33 added to read as follows: 34 3. A pharmacist may dispense drugs and devices to a registered profes- 35 sional nurse, and a registered professional nurse may possess and admin- 36 ister, drugs and devices, pursuant to a non-patient specific regimen 37 prescribed or ordered by a licensed physician, licensed midwife or 38 certified nurse practitioner, pursuant to regulations promulgated by the 39 commissioner and the public health law. 40 4. A pharmacist may dispense a non-patient specific regimen of emer- 41 gency contraception, to be self-administered by the patient, prescribed 42 or ordered by a licensed physician, certified nurse practitioner, or 43 licensed midwife, under section sixty-eight hundred thirty-two of this 44 article. 45 § 7. The education law is amended by adding a new section 6832 to read 46 as follows: 47 § 6832. Emergency contraception; non-patient specific prescription or 48 order. 1. As used in this section, the following terms shall have the 49 following meanings, unless the context requires otherwise: 50 (a) "Emergency contraception" means one or more prescription or 51 nonprescription drugs, used separately or in combination, in a dosage 52 and manner for preventing pregnancy when used after intercourse, found 53 safe and effective for that use by the United States food and drug 54 administration, and dispensed or administered for that purpose. 55 (b) "Prescriber" means a licensed physician, certified nurse practi- 56 tioner or licensed midwife.S. 7511 8 A. 9511 1 2. This section applies to the administering or dispensing of emergen- 2 cy contraception by a registered professional nurse or the dispensing of 3 emergency contraception by a licensed pharmacist pursuant to a 4 prescription or order for a non-patient specific regimen made by a pres- 5 criber under section sixty-five hundred twenty-seven, sixty-nine hundred 6 nine or sixty-nine hundred fifty-one of this title. This section does 7 not apply to administering or dispensing emergency contraception when 8 lawfully done without such a prescription or order. 9 3. The administering or dispensing of emergency contraception by a 10 registered professional nurse or the dispensing of emergency contracep- 11 tion by a licensed pharmacist shall be done in accordance with profes- 12 sional standards of practice and in accordance with written procedures 13 and protocols agreed to by the registered professional nurse or licensed 14 pharmacist and the prescriber or a hospital (licensed under article 15 twenty-eight of the public health law) that provides gynecological or 16 family planning services. 17 4. (a) When emergency contraception is administered or dispensed, the 18 registered professional nurse or licensed pharmacist shall provide to 19 the patient written material that includes: (i) the clinical consider- 20 ations and recommendations for use of the drug; (ii) the appropriate 21 method for using the drug; (iii) information on the importance of 22 follow-up health care; (iv) information on the health risks and other 23 dangers of unprotected intercourse; and (v) referral information relat- 24 ing to health care and services relating to sexual abuse and domestic 25 violence. 26 (b) Such written material shall be developed or approved by the 27 commissioner in consultation with the department of health and the Amer- 28 ican college of obstetricians and gynecologists. 29 § 8. Subdivision 4 of section 6909 of the education law, as added by 30 chapter 573 of the laws of 1999, paragraph (a) as amended by chapter 221 31 of the laws of 2002, paragraph (c) as amended by chapter 464 of the laws 32 of 2015, paragraph (d) as added by chapter 429 of the laws of 2005, 33 paragraph (e) as added by chapter 352 of the laws of 2014, paragraph (f) 34 as added by section 5 of part V of chapter 57 of the laws of 2015 and 35 paragraph (g) as added by chapter 502 of the laws of 2016, is amended to 36 read as follows: 37 4. A certified nurse practitioner may prescribe and order a non-pa- 38 tient specific regimen [to a registered professional nurse], pursuant to 39 regulations promulgated by the commissioner, consistent with subdivision 40 three of section [six thousand nine] sixty-nine hundred two of this 41 article, and consistent with the public health law, for: 42 (a) a registered professional nurse for: 43 (i) administering immunizations[.]; 44 [(b)] (ii) the emergency treatment of anaphylaxis[.]; 45 [(c)] (iii) administering purified protein derivative (PPD) tests or 46 other tests to detect or screen for tuberculosis infections[.]; 47 [(d)] (iv) administering tests to determine the presence of the human 48 immunodeficiency virus[.]; 49 [(e)] (v) administering tests to determine the presence of the hepati- 50 tis C virus[.]; 51 [(f)] (vi) emergency contraception, to be administered to or dispensed 52 to be self-administered by the patient, under section sixty-eight 53 hundred thirty-two of this title; 54 (vii) the urgent or emergency treatment of opioid related overdose or 55 suspected opioid related overdose[.]; orS. 7511 9 A. 9511 1 [(g)] (viii) screening of persons at increased risk for syphilis, 2 gonorrhea and chlamydia. 3 (b) a licensed pharmacist, for dispensing emergency contraception, to 4 be self-administered by the patient, under section sixty-eight hundred 5 thirty-two of this title. 6 § 9. Subdivision 5 of section 6909 of the education law, as added by 7 chapter 573 of the laws of 1999, is amended to read as follows: 8 5. A registered professional nurse may execute a non-patient specific 9 regimen prescribed or ordered by a licensed physician, licensed midwife 10 or certified nurse practitioner, pursuant to regulations promulgated by 11 the commissioner. 12 § 10. Section 6951 of the education law is amended by adding a new 13 subdivision 4 to read as follows: 14 4. A licensed midwife may prescribe and order a non-patient specific 15 regimen pursuant to regulations promulgated by the commissioner, 16 consistent with this section and the public health law, to: 17 (a) a registered professional nurse for emergency contraception, to be 18 administered to or dispensed to be self-administered by the patient, 19 under section sixty-eight hundred thirty-two of this title; or 20 (b) a licensed pharmacist, for dispensing emergency contraception, to 21 be self-administered by the patient, under section sixty-eight hundred 22 thirty-two of this title. 23 § 11. Subdivision 1 of section 207 of the public health law is amended 24 by adding a new paragraph (o) to read as follows: 25 (o) Emergency contraception, including information about its safety, 26 efficacy, appropriate use and availability. 27 § 12. This act shall take effect January 1, 2019; provided that 28 section five of this act shall take effect January 1, 2020; provided, 29 however, that effective immediately, the addition, amendment and/or 30 repeal of any rule or regulation necessary for the implementation of 31 this act on its effective date are authorized and directed to be made 32 and completed by the commissioner of education and the board of regents 33 on or before such effective date. 34 PART B 35 Section 1. Section 4164 of the public health law is REPEALED. 36 § 2. Subdivision 8 of section 6811 of the education law is REPEALED. 37 § 3. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal 38 law are REPEALED, and the article heading of article 125 of the penal 39 law is amended to read as follows: 40 HOMICIDE[, ABORTION] AND RELATED OFFENSES 41 § 4. Section 125.00 of the penal law is amended to read as follows: 42 § 125.00 Homicide defined. 43 Homicide means conduct which causes the death of a person [or an44unborn child with which a female has been pregnant for more than twen-45ty-four weeks] under circumstances constituting murder, manslaughter in 46 the first degree, manslaughter in the second degree, or criminally 47 negligent homicide[, abortion in the first degree or self-abortion in48the first degree]. 49 § 5. The section heading, opening paragraph and subdivision 1 of 50 section 125.05 of the penal law are amended to read as follows: 51 Homicide[, abortion] and related offenses; [definitions of terms] 52 definition. 53 The following [definitions are] definition is applicable to this arti- 54 cle:S. 7511 10 A. 9511 1 [1.] "Person," when referring to the victim of a homicide, means a 2 human being who has been born and is alive. 3 § 6. Subdivisions 2 and 3 of section 125.05 of the penal law are 4 REPEALED. 5 § 7. Subdivision 2 of section 125.15 of the penal law is REPEALED. 6 § 8. Subdivision 3 of section 125.20 of the penal law is REPEALED. 7 § 9. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 8 procedure law, as amended by chapter 368 of the laws of 2015, is amended 9 to read as follows: 10 (b) Any of the following felonies: assault in the second degree as 11 defined in section 120.05 of the penal law, assault in the first degree 12 as defined in section 120.10 of the penal law, reckless endangerment in 13 the first degree as defined in section 120.25 of the penal law, promot- 14 ing a suicide attempt as defined in section 120.30 of the penal law, 15 strangulation in the second degree as defined in section 121.12 of the 16 penal law, strangulation in the first degree as defined in section 17 121.13 of the penal law, criminally negligent homicide as defined in 18 section 125.10 of the penal law, manslaughter in the second degree as 19 defined in section 125.15 of the penal law, manslaughter in the first 20 degree as defined in section 125.20 of the penal law, murder in the 21 second degree as defined in section 125.25 of the penal law, murder in 22 the first degree as defined in section 125.27 of the penal law, 23 [abortion in the second degree as defined in section 125.40 of the penal24law, abortion in the first degree as defined in section 125.45 of the25penal law,] rape in the third degree as defined in section 130.25 of the 26 penal law, rape in the second degree as defined in section 130.30 of the 27 penal law, rape in the first degree as defined in section 130.35 of the 28 penal law, criminal sexual act in the third degree as defined in section 29 130.40 of the penal law, criminal sexual act in the second degree as 30 defined in section 130.45 of the penal law, criminal sexual act in the 31 first degree as defined in section 130.50 of the penal law, sexual abuse 32 in the first degree as defined in section 130.65 of the penal law, 33 unlawful imprisonment in the first degree as defined in section 135.10 34 of the penal law, kidnapping in the second degree as defined in section 35 135.20 of the penal law, kidnapping in the first degree as defined in 36 section 135.25 of the penal law, labor trafficking as defined in section 37 135.35 of the penal law, aggravated labor trafficking as defined in 38 section 135.37 of the penal law, custodial interference in the first 39 degree as defined in section 135.50 of the penal law, coercion in the 40 first degree as defined in section 135.65 of the penal law, criminal 41 trespass in the first degree as defined in section 140.17 of the penal 42 law, burglary in the third degree as defined in section 140.20 of the 43 penal law, burglary in the second degree as defined in section 140.25 of 44 the penal law, burglary in the first degree as defined in section 140.30 45 of the penal law, criminal mischief in the third degree as defined in 46 section 145.05 of the penal law, criminal mischief in the second degree 47 as defined in section 145.10 of the penal law, criminal mischief in the 48 first degree as defined in section 145.12 of the penal law, criminal 49 tampering in the first degree as defined in section 145.20 of the penal 50 law, arson in the fourth degree as defined in section 150.05 of the 51 penal law, arson in the third degree as defined in section 150.10 of the 52 penal law, arson in the second degree as defined in section 150.15 of 53 the penal law, arson in the first degree as defined in section 150.20 of 54 the penal law, grand larceny in the fourth degree as defined in section 55 155.30 of the penal law, grand larceny in the third degree as defined in 56 section 155.35 of the penal law, grand larceny in the second degree asS. 7511 11 A. 9511 1 defined in section 155.40 of the penal law, grand larceny in the first 2 degree as defined in section 155.42 of the penal law, health care fraud 3 in the fourth degree as defined in section 177.10 of the penal law, 4 health care fraud in the third degree as defined in section 177.15 of 5 the penal law, health care fraud in the second degree as defined in 6 section 177.20 of the penal law, health care fraud in the first degree 7 as defined in section 177.25 of the penal law, robbery in the third 8 degree as defined in section 160.05 of the penal law, robbery in the 9 second degree as defined in section 160.10 of the penal law, robbery in 10 the first degree as defined in section 160.15 of the penal law, unlawful 11 use of secret scientific material as defined in section 165.07 of the 12 penal law, criminal possession of stolen property in the fourth degree 13 as defined in section 165.45 of the penal law, criminal possession of 14 stolen property in the third degree as defined in section 165.50 of the 15 penal law, criminal possession of stolen property in the second degree 16 as defined by section 165.52 of the penal law, criminal possession of 17 stolen property in the first degree as defined by section 165.54 of the 18 penal law, trademark counterfeiting in the second degree as defined in 19 section 165.72 of the penal law, trademark counterfeiting in the first 20 degree as defined in section 165.73 of the penal law, forgery in the 21 second degree as defined in section 170.10 of the penal law, forgery in 22 the first degree as defined in section 170.15 of the penal law, criminal 23 possession of a forged instrument in the second degree as defined in 24 section 170.25 of the penal law, criminal possession of a forged instru- 25 ment in the first degree as defined in section 170.30 of the penal law, 26 criminal possession of forgery devices as defined in section 170.40 of 27 the penal law, falsifying business records in the first degree as 28 defined in section 175.10 of the penal law, tampering with public 29 records in the first degree as defined in section 175.25 of the penal 30 law, offering a false instrument for filing in the first degree as 31 defined in section 175.35 of the penal law, issuing a false certificate 32 as defined in section 175.40 of the penal law, criminal diversion of 33 prescription medications and prescriptions in the second degree as 34 defined in section 178.20 of the penal law, criminal diversion of 35 prescription medications and prescriptions in the first degree as 36 defined in section 178.25 of the penal law, residential mortgage fraud 37 in the fourth degree as defined in section 187.10 of the penal law, 38 residential mortgage fraud in the third degree as defined in section 39 187.15 of the penal law, residential mortgage fraud in the second degree 40 as defined in section 187.20 of the penal law, residential mortgage 41 fraud in the first degree as defined in section 187.25 of the penal law, 42 escape in the second degree as defined in section 205.10 of the penal 43 law, escape in the first degree as defined in section 205.15 of the 44 penal law, absconding from temporary release in the first degree as 45 defined in section 205.17 of the penal law, promoting prison contraband 46 in the first degree as defined in section 205.25 of the penal law, 47 hindering prosecution in the second degree as defined in section 205.60 48 of the penal law, hindering prosecution in the first degree as defined 49 in section 205.65 of the penal law, sex trafficking as defined in 50 section 230.34 of the penal law, criminal possession of a weapon in the 51 third degree as defined in subdivisions two, three and five of section 52 265.02 of the penal law, criminal possession of a weapon in the second 53 degree as defined in section 265.03 of the penal law, criminal 54 possession of a weapon in the first degree as defined in section 265.04 55 of the penal law, manufacture, transport, disposition and defacement of 56 weapons and dangerous instruments and appliances defined as felonies inS. 7511 12 A. 9511 1 subdivisions one, two, and three of section 265.10 of the penal law, 2 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 3 of weapons as defined in subdivision two of section 265.35 of the penal 4 law, relating to firearms and other dangerous weapons, or failure to 5 disclose the origin of a recording in the first degree as defined in 6 section 275.40 of the penal law; 7 § 10. Subdivision 1 of section 673 of the county law, as added by 8 chapter 545 of the laws of 1965, is amended to read as follows: 9 1. A coroner or medical examiner has jurisdiction and authority to 10 investigate the death of every person dying within his county, or whose 11 body is found within the county, which is or appears to be: 12 (a) A violent death, whether by criminal violence, suicide or casual- 13 ty; 14 (b) A death caused by unlawful act or criminal neglect; 15 (c) A death occurring in a suspicious, unusual or unexplained manner; 16 (d) [A death caused by suspected criminal abortion;17(e)] A death while unattended by a physician, so far as can be discov- 18 ered, or where no physician able to certify the cause of death as 19 provided in the public health law and in form as prescribed by the 20 commissioner of health can be found; 21 [(f)] (e) A death of a person confined in a public institution other 22 than a hospital, infirmary or nursing home. 23 § 11. Section 4 of the judiciary law, as amended by chapter 264 of the 24 laws of 2003, is amended to read as follows: 25 § 4. Sittings of courts to be public. The sittings of every court 26 within this state shall be public, and every citizen may freely attend 27 the same, except that in all proceedings and trials in cases for 28 divorce, seduction, [abortion,] rape, assault with intent to commit 29 rape, criminal sexual act, bastardy or filiation, the court may, in its 30 discretion, exclude therefrom all persons who are not directly inter- 31 ested therein, excepting jurors, witnesses, and officers of the court. 32 § 12. This act shall take effect immediately. 33 PART C 34 Section 1. The public health law is amended by adding a new section 35 2509 to read as follows: 36 § 2509. Maternal mortality review board. 1. There is hereby estab- 37 lished in the department the maternal mortality review board for the 38 purpose of reviewing maternal deaths, defined as cessation of respira- 39 tion and circulation for a woman within a year from the end of pregnan- 40 cy, to assess the cause of death and factors leading to death and 41 preventability for each maternal death reviewed and to develop strate- 42 gies for reducing the risk of maternal mortality, and to assess and 43 review maternal morbidity. The members of the board shall be composed of 44 multidisciplinary experts in the field of maternal mortality. The board 45 shall be composed of at least fifteen members, all of whom shall be 46 appointed by the commissioner. The commissioner may delegate the author- 47 ity to conduct maternal mortality reviews. 48 2. The board shall: 49 (a) Make recommendations to the commissioner regarding the preventa- 50 bility of each maternal death case by reviewing relevant information for 51 each case in the state and consulting with experts as needed to evaluate 52 the information for each death. Such information shall not be subject to 53 article six of the public officers law.S. 7511 13 A. 9511 1 (b) Keep confidential any information collected under this section and 2 this information shall be used solely for the purposes of improvement of 3 the quality of medical care of women to prevent maternal mortality. 4 Access to such information shall be limited to board members as well as 5 those authorized by the department. Such information shall not be admis- 6 sible as evidence in any action of any kind in any court or before any 7 other tribunal, board, agency or person. 8 (c) Develop recommendations to the commissioner for areas of focus, 9 including issues of severe maternal morbidity and racial disparities in 10 maternal outcomes. 11 3. The terms of the board members shall be three years from the start 12 of their appointment. The commissioner may choose to reappoint board 13 members to additional three year terms. 14 4. A majority of the appointed membership of the board, no less than 15 three, shall constitute a quorum. 16 5. When any member of the board fails to attend three consecutive 17 regular meetings, unless such absence is for good cause, that membership 18 may be deemed vacant for purposes of the appointment of a successor. 19 6. Meetings of the board shall be held at least twice a year but may 20 be held more frequently as deemed necessary, subject to request of the 21 department. 22 7. Members of the board shall be indemnified pursuant to section 23 seventeen of the public officers law. 24 8. The commissioner may request and shall receive upon request from 25 any department, division, board, bureau, commission, local health 26 departments or other agency of the state or political subdivision there- 27 of or any public authority, as well as hospitals established pursuant to 28 article twenty-eight of this chapter, birthing facilities, medical exam- 29 iners, coroners, and any coroner physicians and any other facility 30 providing services associated with maternal mortality, such information, 31 including, but not limited to, death records, medical records, autopsy 32 reports, toxicology reports, hospital discharge records, birth records 33 and any other information that will help the department under this 34 section to properly carry out its functions, powers and duties. 35 § 2. This act shall take effect immediately. 36 PART D 37 Section 1. Section 6523 of the education law, as amended by chapter 38 364 of the laws of 1991, is amended to read as follows: 39 § 6523. State board for medicine. A state board for medicine shall be 40 appointed by the board of regents on recommendation of the commissioner 41 for the purpose of assisting the board of regents and the department on 42 matters of professional licensing in accordance with section sixty-five 43 hundred eight of this title. The board shall be composed of not less 44 than twenty physicians licensed in this state for at least five years, 45 two of whom shall be doctors of osteopathy. At least one of the physi- 46 cian appointees to the state board for medicine shall be an expert on 47 reducing health disparities among demographic subgroups, and one shall 48 be an expert on women's health. The board shall also consist of not less 49 than two physician's assistants licensed to practice in this state. The 50 participation of physician's assistant members shall be limited to 51 matters relating to article one hundred thirty-one-B of this chapter. An 52 executive secretary to the board shall be appointed by the board of 53 regents on recommendation of the commissioner and shall be either aS. 7511 14 A. 9511 1 physician licensed in this state or a non-physician, deemed qualified by 2 the commissioner and board of regents. 3 § 2. This act shall take effect immediately. 4 PART E 5 Section 1. Subdivision 17 of section 265.00 of the penal law is 6 amended by adding a new paragraph (c) to read as follows: 7 (c) any of the following offenses, where the defendant and the person 8 against whom the offense was committed were members of the same family 9 or household as defined in subdivision one of section 530.11 of the 10 criminal procedure law: assault in the third degree; menacing in the 11 third degree; menacing in the second degree; reckless endangerment in 12 the second degree; criminal obstruction of breathing or blood circu- 13 lation; unlawful imprisonment in the second degree; coercion in the 14 second degree; criminal mischief in the fourth degree; criminal tamper- 15 ing in the third degree; criminal contempt in the second degree; harass- 16 ment in the first degree; aggravated harassment in the second degree; 17 criminal trespass in the third degree; criminal trespass in the second 18 degree; reckless endangerment of property; arson in the fifth degree; 19 endangering the welfare of an incompetent or physically disabled person 20 in the second degree; unlawful publication of sexual images; attempt to 21 commit any of the above-listed offenses. 22 § 2. The criminal procedure law is amended by adding a new section 23 370.20 to read as follows: 24 § 370.20 Procedure for determining whether certain misdemeanor crimes 25 are serious offenses under the penal law. 26 1. When a defendant has been charged with assault in the third degree, 27 menacing in the third degree, menacing in the second degree, reckless 28 endangerment in the second degree, criminal obstruction of breathing or 29 blood circulation, unlawful imprisonment in the second degree, coercion 30 in the second degree, criminal mischief in the fourth degree, criminal 31 tampering in the third degree, criminal contempt in the second degree, 32 harassment in the first degree, aggravated harassment in the second 33 degree, criminal trespass in the third degree, criminal trespass in the 34 second degree, reckless endangerment of property, arson in the fifth 35 degree, endangering the welfare of an incompetent or physically disa- 36 bled person in the second degree, unlawful publication of sexual 37 images, or attempt to commit any of the above-listed offenses, the 38 people may, at arraignment or no later than forty-five days after 39 arraignment, for the purpose of notification to the division of criminal 40 justice services pursuant to section 380.98 of this part, serve on the 41 defendant and file with the court a notice alleging that the defendant 42 and the person alleged to be the victim of such crime were members of 43 the same family or household as defined in subdivision one of section 44 530.11 of this chapter. 45 2. Such notice shall include the name of the person alleged to be the 46 victim of such crime and shall specify the nature of the alleged 47 relationship as set forth in subdivision one of section 530.11 of this 48 chapter. Upon conviction of such offense, the court shall advise the 49 defendant that he or she is entitled to a hearing solely on the allega- 50 tion contained in the notice and, if necessary, an adjournment of the 51 sentencing proceeding in order to prepare for such hearing, and that if 52 such allegation is sustained, that determination and conviction will be 53 reported to the division of criminal justice services.S. 7511 15 A. 9511 1 3. After having been advised by the court as provided in subdivision 2 two of this section, the defendant may stipulate or admit, orally on the 3 record or in writing, that he or she is related or situated to the 4 victim of such crime in the manner described in subdivision one of this 5 section. In such case, such relationship shall be deemed established for 6 purposes of section 380.98 of this part. If the defendant denies that he 7 or she is related or situated to the victim of the crime as alleged in 8 the notice served by the people, or stands mute with respect to such 9 allegation, then the people shall bear the burden to prove beyond a 10 reasonable doubt that the defendant is related or situated to the victim 11 in the manner alleged in the notice. The court may consider reliable 12 hearsay evidence submitted by either party provided that it is relevant 13 to the determination of the allegation. Facts previously proven at trial 14 or elicited at the time of entry of a plea of guilty shall be deemed 15 established beyond a reasonable doubt and shall not be relitigated. At 16 the conclusion of the hearing, or upon such a stipulation or admission, 17 as applicable, the court shall make a specific written determination 18 with respect to such allegation. 19 § 3. The criminal procedure law is amended by adding a new section 20 380.98 to read as follows: 21 § 380.98 Notification to division of criminal justice services of 22 certain misdemeanor convictions. 23 Upon judgment of conviction of assault in the third degree, menacing 24 in the third degree, menacing in the second degree, reckless endanger- 25 ment in the second degree, criminal obstruction of breathing or blood 26 circulation, unlawful imprisonment in the second degree, coercion in the 27 second degree, criminal mischief in the fourth degree, criminal tamper- 28 ing in the third degree, criminal contempt in the second degree, harass- 29 ment in the first degree, or aggravated harassment in the second degree, 30 criminal trespass in the third degree, criminal trespass in the second 31 degree, reckless endangerment of property, arson in the fifth degree, 32 endangering the welfare of an incompetent or physically disabled person 33 in the second degree, unlawful publication of sexual images, or attempt 34 to commit any of the above-listed offenses, when the defendant and 35 victim have been determined, pursuant to section 370.20 of this part, to 36 be members of the same family or household as defined in subdivision one 37 of section 530.11 of this chapter, the clerk of the court shall include 38 notification and a copy of the written determination in a report of such 39 conviction to the division of criminal justice services to enable the 40 division to report such determination to the Federal Bureau of Investi- 41 gation and assist the bureau in identifying persons prohibited from 42 purchasing and possessing a firearm or other weapon due to conviction 43 of an offense specified in paragraph c of subdivision seventeen of 44 section 265.00 of the penal law. 45 § 4. Section 530.14 of the criminal procedure law is REPEALED and a 46 new section 530.14 is added to read as follows: 47 § 530.14 Suspension and revocation of a license to carry, possess, 48 repair or dispose of a firearm or firearms pursuant to 49 section 400.00 of the penal law and ineligibility for such a 50 license; order to surrender weapons. 51 1. Whenever a temporary order of protection is issued pursuant to 52 subdivision one of section 530.12 or subdivision one of section 530.13 53 of this article the court shall suspend any firearms license possessed 54 by the defendant, order the defendant ineligible for such a license and 55 order the immediate surrender pursuant to subparagraph (f) of paragraph 56 one of subdivision a of section 265.20 and subdivision six of sectionS. 7511 16 A. 9511 1 400.05 of the penal law, of all pistols, revolvers, rifles, shotguns and 2 any other firearms owned or possessed by the defendant. 3 2. Whenever an order of protection is issued pursuant to subdivision 4 five of section 530.12 or subdivision four of section 530.13 of this 5 article the court shall revoke, suspend or continue to suspend any 6 firearms license possessed by the defendant, order the defendant ineli- 7 gible for such a license and order the immediate surrender pursuant to 8 subparagraph (f) of paragraph one of subdivision a of section 265.20 and 9 subdivision six of section 400.05 of the penal law, of all pistols, 10 revolvers, rifles, shotguns and any other firearms owned or possessed by 11 the defendant. 12 3. Whenever a defendant has been found pursuant to subdivision eleven 13 of section 530.12 or subdivision eight of section 530.13 of this article 14 to have willfully failed to obey an order of protection issued by a 15 court of competent jurisdiction in this state or another state, territo- 16 rial or tribal jurisdiction, in addition to any other remedies available 17 pursuant to subdivision eleven of section 530.12 or subdivision eight of 18 section 530.13 of this article, the court shall revoke, suspend or 19 continue to suspend any firearms license possessed by the defendant, 20 order the defendant ineligible for such a license and order the immedi- 21 ate surrender pursuant to subparagraph (f) of paragraph one of subdivi- 22 sion a of section 265.20 and subdivision six of section 400.05 of the 23 penal law, of all pistols, revolvers, rifles, shotguns and any other 24 firearms owned or possessed by the defendant. 25 4. Suspension. Any suspension order issued pursuant to this section 26 shall remain in effect for the duration of the temporary order of 27 protection or order of protection, unless modified or vacated by the 28 court. 29 5. Surrender. (a) Where an order to surrender one or more pistols, 30 revolvers, rifles, shotguns or other firearms has been issued, the 31 temporary order of protection or order of protection shall specify the 32 place where such weapons shall be surrendered, shall specify a date and 33 time by which the surrender shall be completed and, to the extent possi- 34 ble, shall describe such weapons to be surrendered, and shall direct the 35 authority receiving such surrendered weapons to immediately notify the 36 court of such surrender. 37 (b) The prompt surrender of one or more pistols, revolvers, rifles, 38 shotguns or other firearms pursuant to a court order issued pursuant to 39 this section shall be considered a voluntary surrender for purposes of 40 subparagraph (f) of paragraph one of subdivision a of section 265.20 of 41 the penal law. The disposition of any such weapons shall be in accord- 42 ance with the provisions of subdivision six of section 400.05 of the 43 penal law. 44 (c) The provisions of this section shall not be deemed to limit, 45 restrict or otherwise impair the authority of the court to order and 46 direct the surrender of any or all pistols, revolvers, rifles, shotguns 47 or other firearms owned or possessed by a defendant pursuant to section 48 530.12 or 530.13 of this article. 49 6. Notice. (a) Where an order requiring surrender, revocation, 50 suspension or ineligibility has been issued pursuant to this section, 51 any temporary order of protection or order of protection issued shall 52 state that such firearm license has been suspended or revoked or that 53 the defendant is ineligible for such license, as the case may be, and 54 that the defendant is prohibited from possessing any pistol, revolver, 55 rifle, shotgun or other firearm.S. 7511 17 A. 9511 1 (b) The court revoking or suspending the license, ordering the defend- 2 ant ineligible for such a license, or ordering the surrender of any 3 pistol, revolver, rifle, shotgun or other firearm shall immediately 4 notify the duly constituted police authorities of the locality concern- 5 ing such action and, in the case of orders of protection and temporary 6 orders of protection issued pursuant to section 530.12 of this article, 7 shall immediately notify the statewide registry of orders of protection. 8 (c) The court revoking or suspending the license or ordering the 9 defendant ineligible for such a license shall give written notice there- 10 of without unnecessary delay to the division of state police at its 11 office in the city of Albany. 12 (d) Where an order of revocation, suspension, ineligibility or surren- 13 der is modified or vacated, the court shall immediately notify the 14 statewide registry of orders of protection and the duly constituted 15 police authorities of the locality concerning such action and shall give 16 written notice thereof without unnecessary delay to the division of 17 state police at its office in the city of Albany. 18 7. Hearing. The defendant shall have the right to a hearing before 19 the court regarding any revocation, suspension, ineligibility or surren- 20 der order issued pursuant to this section, provided that nothing in this 21 subdivision shall preclude the court from issuing any such order prior 22 to a hearing. Where the court has issued such an order prior to a hear- 23 ing, it shall commence such hearing within fourteen days of the date 24 such order was issued. 25 8. Nothing in this section shall delay or otherwise interfere with the 26 issuance of a temporary order of protection or the timely arraignment of 27 a defendant in custody. 28 § 5. Section 842-a of the family court act is REPEALED and a new 29 section 842-a is added to read as follows: 30 § 842-a. Suspension and revocation of a license to carry, possess, 31 repair or dispose of a firearm or firearms pursuant to section 400.00 of 32 the penal law and ineligibility for such a license; order to surrender 33 weapons. 1. Whenever a temporary order of protection is issued pursuant 34 to section eight hundred twenty-eight of this article, or pursuant to 35 article four, five, six, seven or ten of this act the court shall 36 suspend any firearms license possessed by the respondent, order the 37 respondent ineligible for such a license and order the immediate surren- 38 der pursuant to subparagraph (f) of paragraph one of subdivision a of 39 section 265.20 and subdivision six of section 400.05 of the penal law, 40 of all pistols, revolvers, rifles, shotguns and any other firearms 41 owned or possessed by the respondent. 42 2. Whenever an order of protection is issued pursuant to section eight 43 hundred forty-one of this part, or pursuant to article four, five, six, 44 seven or ten of this act the court shall revoke, suspend or continue to 45 suspend any firearms license possessed by the respondent, order the 46 respondent ineligible for such a license and order the immediate surren- 47 der pursuant to subparagraph (f) of paragraph one of subdivision a of 48 section 265.20 and subdivision six of section 400.05 of the penal law, 49 of all pistols, revolvers, rifles, shotguns and any other firearms owned 50 or possessed by the respondent. 51 3. Whenever a respondent has been found pursuant to section eight 52 hundred forty-six-a of this part to have willfully failed to obey an 53 order of protection or temporary order of protection issued pursuant to 54 this act or the domestic relations law, or by this court or by a court 55 of competent jurisdiction in this state or another state, territorial 56 or tribal jurisdiction, in addition to any other remedies availableS. 7511 18 A. 9511 1 pursuant to section eight hundred forty-six-a of this part, the court 2 shall revoke, suspend or continue to suspend any firearms license 3 possessed by the respondent, order the respondent ineligible for such a 4 license and order the immediate surrender pursuant to subparagraph (f) 5 of paragraph one of subdivision a of section 265.20 and subdivision six 6 of section 400.05 of the penal law, of all pistols, revolvers, rifles, 7 shotguns and any other firearms owned or possessed by the respondent. 8 4. Suspension. Any suspension order issued pursuant to this section 9 shall remain in effect for the duration of the temporary order of 10 protection or order of protection, unless modified or vacated by the 11 court. 12 5. Surrender. (a) Where an order to surrender one or more pistols, 13 revolvers, rifles, shotguns or other firearms has been issued, the 14 temporary order of protection or order of protection shall specify the 15 place where such weapons shall be surrendered, shall specify a date and 16 time by which the surrender shall be completed and, to the extent 17 possible, shall describe such weapons to be surrendered, and shall 18 direct the authority receiving such surrendered weapons to immediately 19 notify the court of such surrender. 20 (b) The prompt surrender of one or more pistols, revolvers, rifles, 21 shotguns or other firearms pursuant to a court order issued pursuant to 22 this section shall be considered a voluntary surrender for purposes of 23 subparagraph (f) of paragraph one of subdivision a of section 265.20 of 24 the penal law. The disposition of any such weapons shall be in accord- 25 ance with the provisions of subdivision six of section 400.05 of the 26 penal law. 27 (c) The provisions of this section shall not be deemed to limit, 28 restrict or otherwise impair the authority of the court to order and 29 direct the surrender of any or all pistols, revolvers, rifles, shotguns 30 or other firearms owned or possessed by a respondent pursuant to this 31 act. 32 6. Notice. (a) Where an order requiring surrender, revocation, suspen- 33 sion or ineligibility has been issued pursuant to this section, any 34 temporary order of protection or order of protection issued shall state 35 that such firearm license has been suspended or revoked or that the 36 respondent is ineligible for such license, as the case may be, and that 37 the respondent is prohibited from possessing any pistol, revolver, 38 rifle, shotgun or other firearm. 39 (b) The court revoking or suspending the license, ordering the 40 respondent ineligible for such a license, or ordering the surrender of 41 any pistol, revolver, rifle, shotgun or other firearm shall immediately 42 notify the statewide registry of orders of protection and the duly 43 constituted police authorities of the locality of such action. 44 (c) The court revoking or suspending the license or ordering the 45 respondent ineligible for such a license shall give written notice ther- 46 eof without unnecessary delay to the division of state police at its 47 office in the city of Albany. 48 (d) Where an order of revocation, suspension, ineligibility or surren- 49 der is modified or vacated, the court shall immediately notify the 50 statewide registry of orders of protection and the duly constituted 51 police authorities of the locality concerning such action and shall give 52 written notice thereof without unnecessary delay to the division of 53 state police at its office in the city of Albany. 54 7. Hearing. The respondent shall have the right to a hearing before 55 the court regarding any revocation, suspension, ineligibility or surren- 56 der order issued pursuant to this section, provided that nothing inS. 7511 19 A. 9511 1 this subdivision shall preclude the court from issuing any such order 2 prior to a hearing. Where the court has issued such an order prior to a 3 hearing, it shall commence such hearing within fourteen days of the 4 date such order was issued. 5 8. Nothing in this section shall delay or otherwise interfere with the 6 issuance of a temporary order of protection. 7 § 6. Subdivision 4 of section 265.01 of the penal law, as amended by 8 chapter 1 of the laws of 2013, is amended to read as follows: 9 (4) He or she possesses a rifle, shotgun, antique firearm, black 10 powder rifle, black powder shotgun, or any muzzle-loading firearm, and 11 has been convicted of a felony or serious offense or is the subject of 12 an outstanding warrant of arrest issued upon the alleged commission of a 13 felony or serious offense; or 14 § 7. Paragraph (c) of subdivision 1 of section 400.00 of the penal 15 law, as amended by chapter 1 of the laws of 2013, is amended to read as 16 follows: 17 (c) who has not been convicted anywhere of a felony or a serious 18 offense or who is not the subject of an outstanding warrant of arrest 19 issued upon the alleged commission of a felony or serious offense; 20 § 8. This act shall take effect on the thirtieth day after it shall 21 have become a law. 22 PART F 23 Section 1. The penal law is amended by adding three new sections 24 250.62, 250.63 and 250.64 to read as follows: 25 § 250.62 Sexual extortion in the third degree. 26 A person is guilty of sexual extortion in the third degree when he or 27 she, with the intent to satisfy, in whole or substantial part his or her 28 own sexual gratification, compels or induces another person to expose 29 his or her sexual or intimate parts or engage in sexual conduct by 30 instilling a fear in him or her that, if the demand is not complied 31 with, the actor will perform an act intended to harm another person with 32 respect to his or her health, safety, business, career, financial condi- 33 tion, reputation or personal relationships. 34 Sexual extortion in the third degree is a class E felony. 35 § 250.63 Sexual extortion in the second degree. 36 A person is guilty of sexual extortion in the second degree when he or 37 she with intent to satisfy, in whole or substantial part his or her own 38 sexual gratification, compels or induces another person less than seven- 39 teen years old to expose his or her sexual or intimate parts or engage 40 in sexual conduct by instilling a fear in him or her that, if the demand 41 is not complied with, the actor will perform an act intended to harm 42 another person with respect to his other health, safety, business, 43 career, financial condition, reputation or personal relationships. 44 Sexual extortion in the second degree is a class D felony. 45 § 250.64 Sexual extortion in the first degree. 46 A person is guilty of sexual extortion in the first degree when he or 47 she, with the intent to satisfy, in whole or substantial part his or her 48 own sexual gratification, compels or induces another person less than 49 fifteen years old to expose his or her sexual or intimate parts or 50 engage in sexual conduct by instilling a fear in him or her that, if the 51 demand is not complied with, the actor will perform an act intended to 52 harm another person with respect to his or her health, safety, business, 53 career, financial condition, reputation or personal relationships. 54 Sexual extortion in the first degree is a class C felony.S. 7511 20 A. 9511 1 § 2. The opening paragraph of subdivision 1 of section 812 of the 2 family court act, as amended by chapter 526 of the laws of 2013, is 3 amended to read as follows: 4 The family court and the criminal courts shall have concurrent juris- 5 diction over any proceeding concerning acts which would constitute 6 disorderly conduct, harassment in the first degree, harassment in the 7 second degree, aggravated harassment in the second degree, sexual 8 misconduct, forcible touching, sexual abuse in the third degree, sexual 9 abuse in the second degree as set forth in subdivision one of section 10 130.60 of the penal law, stalking in the first degree, stalking in the 11 second degree, stalking in the third degree, stalking in the fourth 12 degree, criminal mischief, menacing in the second degree, menacing in 13 the third degree, reckless endangerment, criminal obstruction of breath- 14 ing or blood circulation, strangulation in the second degree, strangula- 15 tion in the first degree, assault in the second degree, assault in the 16 third degree, an attempted assault, identity theft in the first degree, 17 identity theft in the second degree, identity theft in the third degree, 18 grand larceny in the fourth degree, grand larceny in the third degree or 19 coercion in the second degree as set forth in subdivisions one, two and 20 three of section 135.60 of the penal law, unlawful publication of sexual 21 images as set forth in section 250.61 of the penal law, sexual extortion 22 in the third degree as set forth in section 250.62 of the penal law, 23 sexual extortion in the second degree as set forth in section 250.63 of 24 the penal law, or sexual extortion in the first degree as set forth is 25 section 250.64 of the penal law between spouses or former spouses, or 26 between parent and child or between members of the same family or house- 27 hold except that if the respondent would not be criminally responsible 28 by reason of age pursuant to section 30.00 of the penal law, then the 29 family court shall have exclusive jurisdiction over such proceeding. 30 Notwithstanding a complainant's election to proceed in family court, the 31 criminal court shall not be divested of jurisdiction to hear a family 32 offense proceeding pursuant to this section. In any proceeding pursuant 33 to this article, a court shall not deny an order of protection, or 34 dismiss a petition, solely on the basis that the acts or events alleged 35 are not relatively contemporaneous with the date of the petition, the 36 conclusion of the fact-finding or the conclusion of the dispositional 37 hearing. For purposes of this article, "disorderly conduct" includes 38 disorderly conduct not in a public place. For purposes of this article, 39 "members of the same family or household" shall mean the following: 40 § 3. Paragraph (a) of subdivision 1 of section 821 of the family court 41 act, as amended by chapter 526 of the laws of 2013, is amended to read 42 as follows: 43 (a) An allegation that the respondent assaulted or attempted to 44 assault his or her spouse, or former spouse, parent, child or other 45 member of the same family or household or engaged in disorderly conduct, 46 harassment, sexual misconduct, forcible touching, sexual abuse in the 47 third degree, sexual abuse in the second degree as set forth in subdivi- 48 sion one of section 130.60 of the penal law, stalking, criminal 49 mischief, menacing, reckless endangerment, criminal obstruction of 50 breathing or blood circulation, strangulation, identity theft in the 51 first degree, identity theft in the second degree, identity theft in the 52 third degree, grand larceny in the fourth degree, grand larceny in the 53 third degree or coercion in the second degree as set forth in subdivi- 54 sions one, two and three of section 135.60 of the penal law, unlawful 55 publication of sexual images as set forth in section 250.61 of the penal 56 law, sexual extortion in the third degree as set forth in section 250.62S. 7511 21 A. 9511 1 of the penal law, sexual extortion in the second degree as set forth in 2 section 250.63 of the penal law, or sexual extortion in the first degree 3 as set forth in section 250.64 of the penal law toward any such person; 4 § 4. The opening paragraph of subdivision 1 of section 530.11 of the 5 criminal procedure law, as amended by chapter 526 of the laws of 2013, 6 is amended to read as follows: 7 The family court and the criminal courts shall have concurrent juris- 8 diction over any proceeding concerning acts which would constitute 9 disorderly conduct, harassment in the first degree, harassment in the 10 second degree, aggravated harassment in the second degree, sexual 11 misconduct, forcible touching, sexual abuse in the third degree, sexual 12 abuse in the second degree as set forth in subdivision one of section 13 130.60 of the penal law, stalking in the first degree, stalking in the 14 second degree, stalking in the third degree, stalking in the fourth 15 degree, criminal mischief, menacing in the second degree, menacing in 16 the third degree, reckless endangerment, strangulation in the first 17 degree, strangulation in the second degree, criminal obstruction of 18 breathing or blood circulation, assault in the second degree, assault in 19 the third degree, an attempted assault, identity theft in the first 20 degree, identity theft in the second degree, identity theft in the third 21 degree, grand larceny in the fourth degree, grand larceny in the third 22 degree or coercion in the second degree as set forth in subdivisions 23 one, two and three of section 135.60 of the penal law, unlawful publica- 24 tion of sexual images as set forth in section 250.61 of the penal law, 25 sexual extortion in the third degree as as set forth in section 250.62 26 of the penal law, sexual extortion in the second degree as set forth in 27 section 250.63 of the penal law, or sexual extortion in the first degree 28 as set forth in section 250.64 of the penal law between spouses or 29 former spouses, or between parent and child or between members of the 30 same family or household except that if the respondent would not be 31 criminally responsible by reason of age pursuant to section 30.00 of the 32 penal law, then the family court shall have exclusive jurisdiction over 33 such proceeding. Notwithstanding a complainant's election to proceed in 34 family court, the criminal court shall not be divested of jurisdiction 35 to hear a family offense proceeding pursuant to this section. For 36 purposes of this section, "disorderly conduct" includes disorderly 37 conduct not in a public place. For purposes of this section, "members of 38 the same family or household" with respect to a proceeding in the crimi- 39 nal courts shall mean the following: 40 § 5. The penal law is amended by adding a new section 250.61 to read 41 as follows: 42 § 250.61 Unlawful publication of sexual images. 43 A person is guilty of unlawful publication of sexual images when he or 44 she, with the intent to harm or cause serious emotional distress to 45 another: (a) publishes, broadcasts, or in any other way disseminates 46 images of the sexual or other intimate parts of a person personally 47 known to them; or (b) compels another to engage in conduct by means of 48 instilling fear that if the demand to engage in such conduct is not 49 complied with, he or she will publish, broadcast, or in any other way 50 disseminate images of the sexual or other intimate parts of another 51 person personally known to them, and the depicted person suffers serious 52 emotional distress as a result of the publication, broadcast or dissem- 53 ination, or the compulsion thereof, and the publication or broadcast was 54 done without consent of the person. 55 Unlawful publication of a sexual image is a class A misdemeanor.S. 7511 22 A. 9511 1 § 6. This act shall take effect immediately, provided however that 2 sections two, three, and four of this act shall take effect on the first 3 of November next succeeding the date on which it shall have become a 4 law. 5 PART G 6 Section 1. Subdivision 4 of section 2805-i of the public health law is 7 REPEALED. 8 § 2. Subdivision 2 of section 2805-i of the public health law, as 9 amended by chapter 504 of the laws of 1994, is amended to read as 10 follows: 11 2. The sexual offense evidence shall be collected and kept in a locked 12 separate and secure area for not less than [thirty days] the longer of 13 five years or the date the alleged sexual offense victim reaches the age 14 of nineteen, unless: (a) such evidence is not privileged and the police 15 request its surrender before that time, which request shall be complied 16 with; or (b) such evidence is privileged and (i) the alleged sexual 17 offense victim nevertheless gives permission to turn such privileged 18 evidence over to the police before that time, or (ii) the alleged sexual 19 offense victim signs a statement directing the hospital to not collect 20 and keep such privileged evidence, which direction shall be complied 21 with. The sexual offense evidence shall include, but not be limited to, 22 slides, cotton swabs, clothing and other items. Where appropriate such 23 items must be refrigerated and the clothes and swabs must be dried, 24 stored in paper bags and labeled. Each item of evidence shall be marked 25 and logged with a code number corresponding to the patient's medical 26 record. [The] Within thirty days of collection of evidence, the alleged 27 sexual offense victim shall be notified that after [thirty days] the 28 longer of five years or the date the alleged sexual offense victim 29 reaches the age of nineteen, the refrigerated evidence will be discarded 30 in compliance with state and local health codes and the alleged sexual 31 offense victim's clothes will be returned to the alleged sexual offense 32 victim upon request. The hospital shall ensure that diligent efforts are 33 made to contact the alleged sexual offense victim and repeat such 34 notification more than thirty days prior to the evidence being discarded 35 in accordance with this section. Hospitals may enter into contracts with 36 other entities that will ensure appropriate storage of sexual offense 37 evidence pursuant to this subdivision. 38 § 3. This act shall take effect immediately. 39 PART H 40 Section 1. Section 292 of the executive law is amended by adding a new 41 subdivision 35 to read as follows: 42 35. The term "educational institution" shall mean: 43 (a) any education corporation or association which holds itself out to 44 the public to be non-secretarian and exempt from taxation pursuant to 45 the provisions of article four of the real property tax law; or 46 (b) any public school, including any school district, board of cooper- 47 ative education services, public college or public university. 48 § 2. Subdivision 4 of section 296 of the executive law, as amended by 49 chapter 106 of the laws of 2003, is amended to read as follows: 50 4. It shall be an unlawful discriminatory practice for an [education51corporation or association which holds itself out to the public to be52non-sectarian and exempt from taxation pursuant to the provisions ofS. 7511 23 A. 9511 1article four of the real property tax law] educational institution to 2 deny the use of its facilities to any person otherwise qualified, or to 3 permit the harassment of any student or applicant, by reason of his 4 race, color, religion, disability, national origin, sexual orientation, 5 military status, sex, age or marital status, except that any such insti- 6 tution which establishes or maintains a policy of educating persons of 7 one sex exclusively may admit students of only one sex. 8 § 3. This act shall take effect immediately. 9 PART I 10 Section 1. This Part enacts into law major components of legislation 11 which are necessary to combat sexual harassment in the workplace. Each 12 component is wholly contained within a Subpart identified as Subparts A 13 through F. The effective date for each particular provision contained 14 within such Subpart is set forth in the last section of such Subpart. 15 Any provision in any section contained within a Subpart, including the 16 effective date of the Subpart, which makes a reference to a section "of 17 this act," when used in connection with that particular component, shall 18 be deemed to mean and refer to the corresponding section of the Subpart 19 in which it is found. Section three of this Part sets forth the general 20 effective date of the Part. 21 SUBPART A 22 Section 1. The state finance law is amended by adding a new section 23 148 to read as follows: 24 § 148. Reporting of sexual harassment violations by state contractors. 25 1. Definitions. As used in this section, the following terms shall have 26 the following meanings unless otherwise specified: 27 a. "State agency" means (1) (a) any state department, or (b) any divi- 28 sion, board, commission or bureau of any state department, or (c) the 29 state university of New York and the city university of New York, 30 including all their constituent units except community colleges and the 31 independent institutions operating statutory or contract colleges on 32 behalf of the state, or (d) a board or commission, a majority of whose 33 members are appointed by the governor; and (2) a "state authority", as 34 defined in subdivision one of section two of the public authorities law. 35 b. "Owner" means an owner of a business entity, which includes but is 36 not limited to a shareholder of a corporation that is not publicly trad- 37 ed, a partner in a partnership or limited liability partnership, a 38 member of a limited liability company, a general partner or limited 39 partner of a limited partnership. 40 c. "Manager" means a director or executive officer of a business enti- 41 ty, which includes but is not limited to a director of a corporation and 42 a manager of a limited liability company. 43 d. "Sexual harassment violation" means a claim of sexual harassment 44 that has been determined to be substantiated in accordance with applica- 45 ble law or the internal policies of the contractor. 46 e. "Sexual harassment" means unwelcome sexual advances, requests for 47 sexual favors, or other verbal or physical conduct of a sexual nature if 48 such conduct is made either explicitly or implicitly a term or condition 49 of employment, or submission to or rejection of such conduct is used as 50 the basis for employment decisions affecting an individual's employment, 51 or such conduct has the purpose or effect of unreasonably interfering 52 with an individual's work performance or creating an intimidating,S. 7511 24 A. 9511 1 hostile or offensive work environment, even if the complaining individ- 2 ual is not the intended target of the sexual harassment. 3 f. "Contract" means the same as "procurement contract" as defined in 4 subdivision g of section one hundred thirty-nine-k of the state finance 5 law. 6 2. A clause shall be inserted in all contracts hereafter made or 7 awarded by the state, or by any state agency, requiring a contractor to 8 whom any contract shall be let, granted or awarded, as required by law, 9 to certify to the office of general services not later than June thirti- 10 eth of each year during the term of the contract information relating to 11 the issue of sexual harassment, which shall include, among other things, 12 the following: (i) the number of sexual harassment violations and/or 13 determinations asserted against or committed by any owner, manager, or 14 employee of the contractor in the previous calendar year; (ii) the 15 number of settlement agreements containing nondisclosure provisions that 16 have been executed by the contractor in the previous calendar year where 17 such settlement agreement resolves any sexual harassment claim asserted 18 against or committed by any owner, manager, or employee of the contrac- 19 tor; and (iii) a description of training provided to employees relating 20 to sexual harassment prevention in the workplace. The above-referenced 21 clause shall also require the contractor to submit such certification 22 using a form of certification provided by the office of general 23 services. 24 3. The office of general services shall prepare an annual report which 25 identifies the aggregate number of sexual harassment violations, the 26 aggregate number of settlement agreements containing nondisclosure 27 provisions, and the aggregate number of businesses providing sexual 28 harassment training in the workplace reported to the office of general 29 services during the preceding year. The report shall be provided to the 30 governor, the speaker of the assembly and the temporary president of the 31 senate on or before November first of each year commencing with the 32 November first in the year immediately following the effective date of 33 the legislation. 34 § 2. This act shall take effect on the one hundred eightieth day after 35 it shall have become a law. 36 SUBPART B 37 Section 1. The general business law is amended by adding a new section 38 398-f to read as follows: 39 § 398-f. Certain contract clauses; prohibited. 1. Definitions. As 40 used in this section: 41 a. The term "employer" shall have the same meaning as provided in 42 subdivision five of section two hundred ninety-two of the executive law. 43 b. The term "sexual harassment" shall include unwelcome sexual 44 advances, requests for sexual favors, and other verbal or physical 45 conduct of a sexual nature when: (i) submission to such conduct is made 46 either explicitly or implicitly a term or condition of an individual's 47 employment; (ii) submission to or rejection of such conduct by an indi- 48 vidual is used as the basis for employment decisions affecting such 49 individual; or (iii) such conduct has the purpose or effect of interfer- 50 ing with an individual's work performance or creating an intimidating, 51 hostile, or offensive working environment. 52 2. Prohibition. On or after the effective date of this section, no 53 employer shall force an employee or prospective employee to enter into a 54 written contract if such contract would restrict or limit such employ-S. 7511 25 A. 9511 1 ee's ability to bring or adjudicate claims relating to unlawful discri- 2 minatory practices based on sexual harassment in any forum. 3 3. Where there is a conflict between any collective bargaining agree- 4 ment and this section, such agreement shall be controlling. 5 § 2. This act shall take effect on the first of January next succeed- 6 ing the date on which it shall have become a law. 7 SUBPART C 8 Section 1. The executive law is amended by adding a new section 656 to 9 read as follows: 10 § 656. Individual liability for sexual harassment. a. For the 11 purposes of this section, "sexual harassment" shall include unwelcome 12 sexual advances, requests for sexual favors, or other verbal or physical 13 conduct of a sexual nature when: (i) submission to such conduct is made 14 either explicitly or implicitly a term or condition of an individual's 15 employment; (ii) submission to or rejection of such conduct by an indi- 16 vidual is used as the basis for employment decisions affecting such 17 individual; or (iii) such conduct has the purpose or effect of interfer- 18 ing with an individual's work performance or creating an intimidating, 19 hostile, or offensive working environment. 20 b. The office of employee relations shall review any proposed agreed 21 judgment, stipulation, decree, agreement to settle, assurance of discon- 22 tinuance or other agreement to resolve any internal complaint, complaint 23 to the U.S. equal employment opportunity commission or New York divi- 24 sion of human rights, or other complaint that has not been filed in 25 state or federal court, if the act or omission from which such complaint 26 arose involved sexual harassment. The office of employee relations 27 shall not approve such agreement to the extent such agreement includes a 28 proposal for the state to indemnify and save harmless an employee for 29 the employee's individual liability with respect to the complaint. 30 § 2. Section 17 of the public officers law is amended by adding a new 31 subdivision 12 to read as follows: 32 12. (a) For the purposes of this section, "sexual harassment" shall 33 include unwelcome sexual advances, requests for sexual favors, or other 34 verbal or physical conduct of a sexual nature when: (i) submission to 35 such conduct is made either explicitly or implicitly a term or condition 36 of an individual's employment; (ii) submission to or rejection of such 37 conduct by an individual is used as the basis for employment decisions 38 affecting such individual; or (iii) such conduct has the purpose or 39 effect of interfering with an individual's work performance or creating 40 an intimidating, hostile, or offensive working environment. 41 (b) Notwithstanding any provision of this article or law, the state 42 shall not indemnify and save harmless an employee in the amount of any 43 judgment obtained against such employee in any state or federal court, 44 or in the amount of any settlement of a claim, and shall not pay such 45 judgment or settlement if the act or omission from which such judgment 46 or settlement arose involved sexual harassment. 47 § 3. Paragraph (d) of subdivision 4 of section 18 of the public offi- 48 cers law is relettered paragraph (e) and a new paragraph (d) is added to 49 read as follows: 50 (d)(i) For the purposes of this section, "sexual harassment" shall 51 include unwelcome sexual advances, requests for sexual favors, or other 52 verbal or physical conduct of a sexual nature when: (A) submission to 53 such conduct is made either explicitly or implicitly a term or condition 54 of an individual's employment; (B) submission to or rejection of suchS. 7511 26 A. 9511 1 conduct by an individual is used as the basis for employment decisions 2 affecting such individual; or (C) such conduct has the purpose or effect 3 of interfering with an individual's work performance or creating an 4 intimidating, hostile, or offensive working environment. 5 (ii) No public entity shall indemnify or save harmless an employee 6 with respect to the amount of any judgment obtained against such employ- 7 ee in any state or federal court, or in the amount of any settlement of 8 a claim, or pay such judgment or settlement if the act or omission from 9 which such judgment or settlement arose involved sexual harassment. 10 § 4. This act shall take effect immediately. 11 SUBPART D 12 Section 1. Section 63 of the executive law is amended by adding a new 13 subdivision 17 to read as follows: 14 17. (a) For the purposes of this section, sexual harassment includes 15 unwelcome sexual advances, requests for sexual favors, and other verbal 16 or physical conduct of a sexual nature when: (1) submission to such 17 conduct is made either explicitly or implicitly a term or condition of 18 an individual's employment; (2) submission to or rejection of such 19 conduct by an individual is used as the basis for employment decisions 20 affecting such individual; or (3) such conduct has the purpose or effect 21 of interfering with an individual's work performance or creating an 22 intimidating, hostile, or offensive working environment. 23 (b) Notwithstanding any other law to the contrary, for any claim or 24 cause of action, whether filed or unfiled, actual or potential, and 25 whether arising under common law, equity, or any provision of law, the 26 factual foundation for which involves sexual harassment, in resolving, 27 by agreed judgment, stipulation, decree, agreement to settle, assurance 28 of discontinuance or otherwise, a state agency or a state official or 29 employee acting in their official capacity shall not have the authority 30 to include or agree to include in such resolution any term or condition 31 that would prevent the disclosure of any or all factual information 32 related to the action unless the condition of confidentiality is the 33 complainant's preference. Any such condition must be provided to the 34 complainant, who shall have twenty-one days to consider the condition. 35 If after twenty-one days, such condition is the complainant's prefer- 36 ence, such preference shall be memorialized in an agreement signed by 37 the complainant. 38 § 2. The general municipal law is amended by adding a new section 70-b 39 to read as follows: 40 § 70-b. Confidential settlements. a. For the purposes of this section, 41 sexual harassment includes unwelcome sexual advances, requests for sexu- 42 al favors, and other verbal or physical conduct of a sexual nature when: 43 (i) submission to such conduct is made either explicitly or implicitly a 44 term or condition of an individual's employment; (ii) submission to or 45 rejection of such conduct by an individual is used as the basis for 46 employment decisions affecting such individual; or (iii) such conduct 47 has the purpose or effect of interfering with an individual's work 48 performance or creating an intimidating, hostile, or offensive working 49 environment. 50 b. Notwithstanding any other law to the contrary, for any claim or 51 cause of action, whether filed or unfiled, actual or potential, and 52 whether arising under common law, equity, or any provision of law, the 53 factual foundation for which involves sexual harassment, in resolving, 54 by agreed judgment, stipulation, decree, agreement to settle, assuranceS. 7511 27 A. 9511 1 of discontinuance or otherwise, a municipal corporation, official or 2 employee acting in their official capacity shall not have the authority 3 to include or agree to include in such resolution any term or condition 4 that would prevent the disclosure of any or all factual information 5 related to the action unless the condition of confidentiality is the 6 complainant's preference. Any such condition must be provided to the 7 complainant, who shall have twenty-one days to consider the condition. 8 If after twenty-one days, such condition is the complainant's prefer- 9 ence, such preference shall be memorialized in an agreement signed by 10 the complainant. 11 § 3. This act shall take effect immediately. 12 SUBPART E 13 Section 1. Subdivision 3 of section 74 of the public officers law is 14 amended by adding a new paragraph j to read as follows: 15 j. No officer or employee of a state agency, member of the legislature 16 or legislative employee shall commit an act of sexual harassment while 17 serving in his or her official capacity. For the purposes of this 18 section, "sexual harassment" shall include unwelcome sexual advances, 19 requests for sexual favors, and other verbal or physical conduct of a 20 sexual nature when submission to such conduct is made either explicitly 21 or implicitly a term or condition of an individual's employment, 22 submission to or rejection of such conduct by an individual is used as 23 the basis for employment decisions affecting such individual or such 24 conduct has the purpose or effect of interfering with an individual's 25 work performance or creating an intimidating, hostile, or offensive 26 working environment. 27 § 2. Subdivision 4 of section 74 of the public officers law, as 28 amended by chapter 14 of the laws of 2007, is amended to read as 29 follows: 30 4. a. Violations. In addition to any penalty contained in any other 31 provision of law any such officer, member or employee who shall knowing- 32 ly and intentionally violate any of the provisions of this section may 33 be fined, suspended or removed from office or employment in the manner 34 provided by law. Any such individual who knowingly and intentionally 35 violates the provisions of paragraph b, c, d or i of subdivision three 36 of this section shall be subject to a civil penalty in an amount not to 37 exceed ten thousand dollars and the value of any gift, compensation or 38 benefit received as a result of such violation. Any such individual who 39 knowingly and intentionally violates the provisions of paragraph a, e or 40 g of subdivision three of this section shall be subject to a civil 41 penalty in an amount not to exceed the value of any gift, compensation 42 or benefit received as a result of such violation. 43 b. Sexual harassment violations. In addition to any penalty contained 44 in any other provision of law any such officer, member or employee who 45 shall violate the provisions of paragraph j of subdivision three of this 46 section shall be subject to a civil penalty of up to ten thousand 47 dollars, and may be subject to proceedings for suspension or removal 48 from office or employment by the attorney general or in the manner 49 otherwise provided by law or collective bargaining agreement. 50 § 3. Subdivision 9 of section 94 of the executive law is amended by 51 adding a new paragraph (o) to read as follows: 52 (o) Establish a unit to receive and investigate complaints of sexual 53 harassment that constitute violations of paragraph j of subdivision 54 three of section seventy-four of the public officers law. Such unitS. 7511 28 A. 9511 1 shall maintain a phone number to receive complaints, and post such 2 number and instructions for filing a complaint of sexual harassment on 3 the commission's publicly accessible website. 4 § 4. Subdivision 13 of section 94 of the executive law is amended by 5 adding a new paragraph (d) to read as follows: 6 (d) For an alleged or possible violation of paragraph j of subdivision 7 three of section seventy-four of the public officers law, filing a 8 complaint shall not constitute an election of remedies. An individual 9 shall not be required to exhaust other available administrative remedies 10 to file a complaint. Neither the filing of a complaint of the conclusion 11 of any investigation by the commission shall restrict a complainant's 12 right to bring a separate action administratively or in a court of law. 13 Notice to any complainant shall be provided upon the closure of any 14 investigation. However, the individual shall notify the commission of 15 any separate administrative action or action in the court of law relat- 16 ing to the same complaint. The commission may stay the matter before it 17 pending the determination/conclusion of the separate action. 18 § 5. This act shall take effect immediately. 19 SUBPART F 20 Section 1. The executive law is amended by adding a new section 655 to 21 read as follows: 22 § 655. Sexual harassment prevention policy. a. Notwithstanding any 23 other provision of law to the contrary, the office of employee relations 24 shall develop a sexual harassment prevention policy, applicable to each 25 agency, office or department, which shall include investigation proce- 26 dures and a standard complaint form. The sexual harassment prevention 27 policy shall include, but not be limited to, the following elements: 28 (i) Definitions. For the purposes of this section, the following terms 29 shall have the following meanings: 30 (A) "sexual harassment" shall include unwelcome sexual advances, 31 requests for sexual favors, and other verbal or physical conduct of a 32 sexual nature when: (1) submission to such conduct is made either 33 explicitly or implicitly a term or condition of an individual's employ- 34 ment; (2) submission to or rejection of such conduct by an individual is 35 used as the basis for employment decisions affecting such individual; or 36 (3) such conduct has the purpose or effect of interfering with an indi- 37 vidual's work performance or creating an intimidating, hostile, or 38 offensive working environment. 39 (B) "employee" shall include any agency, office or department employ- 40 ee, contractor, or employee of any contractor or other individual in the 41 workplace of any agency, office or department. 42 (ii) Instructions to file a complaint. (A) Complaints may be filed by 43 an employee to any supervisor, managerial employee, personnel adminis- 44 trator, or affirmative action administrator. Any supervisory or manage- 45 rial employee who observes or otherwise becomes aware of conduct of a 46 sexually harassing nature, must report such conduct as set forth in the 47 complaint procedure so that it can be investigated. If the office of 48 employment relations otherwise becomes aware of conduct of a sexually 49 harassing nature, it shall ensure an investigation is opened immediate- 50 ly. 51 (B) A standard complaint form. A standard complaint form shall be 52 available to every employee on the agency, office, or department's 53 intranet. If an employee makes an oral complaint, the person receiving 54 such complaint shall encourage the employee to fill out a standardS. 7511 29 A. 9511 1 complaint form. If the employee does not fill out the complaint form, 2 the person shall fill out such form based on the oral reporting. 3 (iii) Investigation procedure. (A) The office of employee relations 4 shall designate an individual to investigate complaints of sexual 5 harassment for each agency, office, and department. Upon receipt of a 6 complaint of sexual harassment, a supervisor, managerial employee, 7 personnel administrator, or affirmative action administrator shall imme- 8 diately report such complaint to the designated individual, who shall 9 open an investigation. The designated individual shall ensure that he or 10 she does not have a conflict of interest in the allegations in the 11 complaint, and if there is any suspected conflict of interest, the indi- 12 vidual shall immediately notify the office of employee relations, which 13 shall designate a new individual to conduct the investigation. 14 (B) An investigation into a complaint of sexual harassment shall take 15 no more than ninety days from the filing of the complaint. If additional 16 time is needed to complete an investigation due to its complexity, a 17 request for an extension may be submitted to the office of employee 18 relations. 19 (C) Any complaint of sexual harassment will be kept confidential, 20 including the identity of the complainant, witnesses and the identity of 21 the alleged harasser to the extent practicable during the course of the 22 investigations. 23 (D) Any appropriate remedial steps may be taken to prevent intim- 24 idation, retaliation, or coercion of the complainant by the alleged 25 harasser. Such steps may include, but not be limited to, preventing the 26 alleged harasser from contacting the complainant or from discussing the 27 substance of the complaint with the complainant, or removing the alleged 28 harasser from the workplace. 29 (E) Such procedures shall also include, at a minimum: 30 (1) the development of a preliminary investigation plan, which shall 31 include at a minimum: 32 (I) an examination of: the circumstances surrounding the allegations; 33 the employment history of the parties; the place, date, location, time, 34 and duration of the incident in question; and prior relevant incidents 35 or allegations, whether reported or unreported; 36 (II) identification of the complainant, alleged harasser, and any 37 relevant witnesses; 38 (III) identification and communication of any legal hold request on 39 any relevant documents, emails or phone records to legal counsel; and 40 (IV) a determination of any necessary site visits; 41 (2) an interview of the complainant, where necessary; 42 (3) an interview of the alleged harasser, where necessary, which shall 43 conform to the requirements of any applicable collective bargaining 44 agreement or law; and 45 (4) any other relevant information relating to the allegations. 46 (iv) Completion of the investigation. (A) After the completion of an 47 investigation, the individual who conducted the investigation shall 48 draft a report, using a standard format developed by the office of 49 employee relations. Such report shall contain, at minimum, a summary of 50 relevant documents; a list of all individuals interviewed and a summary 51 of their statements; a timeline of events; a summary of prior relevant 52 incidents; and an analysis of the allegations and evidence. 53 (B) The report shall be submitted to the counsel at the agency, 54 office, or department for review and recommendation. No more than thirty 55 days after the completion of such investigation, a legal determination 56 shall be issued. If there is a determination that the complaint or aS. 7511 30 A. 9511 1 component of such complaint is substantiated, appropriate administrative 2 action shall be taken, which shall conform to any applicable collective 3 bargaining agreement or law. 4 b. Such policy shall also include, but not be limited to the follow- 5 ing: 6 (i) Contain a statement that sexual harassment is unlawful pursuant to 7 state and federal civil rights laws, and shall be prohibited conduct in 8 all state agencies, offices, and departments; 9 (ii) Contain a statement that retaliation against a complainant, 10 witness or any other individual participating in the investigation proc- 11 ess is unlawful and will not be tolerated; 12 (iii) Contain a statement that employees also have the right to file a 13 complaint with the U.S. Equal Employment Opportunity Commission, and the 14 New York division of human rights; 15 (iv) Contain a statement that employees of state entities also have a 16 right to file a complaint with the joint commission on public ethics, 17 which shall include the contact information for employees to use to file 18 such a complaint; 19 (v) Copies of the sexual harassment policy, as well as directions for 20 filing a complaint, shall be distributed to all employees of state agen- 21 cies, offices, departments, including the executive department upon 22 commencing employment and annually thereafter; and 23 (vi) Provisions for appropriate annual interactive training for all 24 employees of state agencies, offices, and departments, including the 25 executive department. 26 c. Nothing in this section shall grant any additional legal rights to 27 any employee and nothing herein abrogates compliance with any law, rule, 28 or regulation that grants rights to an employee. Where there is a 29 conflict between any collective bargaining agreement and this section, 30 such agreement shall be controlling. 31 § 2. Article 5 of the legislative law is amended by adding a new 32 section 81 to read as follows: 33 § 81. Sexual harassment prevention policy. 1. Notwithstanding any 34 other provision of law to the contrary, the legislative ethics commis- 35 sion shall develop a sexual harassment prevention policy, applicable to 36 the legislature and all legislative employees, which shall include 37 investigation procedures and a standard complaint form. The sexual 38 harassment prevention policy shall include, but not be limited to, the 39 following elements: 40 (a) Definitions. The following terms shall have the following mean- 41 ings: 42 (i) "sexual harassment" shall include unwelcome sexual advances, 43 requests for sexual favors, and other verbal or physical conduct of a 44 sexual nature when: (A) submission to such conduct is made either 45 explicitly or implicitly a term or condition of an individual's employ- 46 ment; (B) submission to or rejection of such conduct by an individual is 47 used as the basis for employment decisions affecting such individual; or 48 (C) such conduct has the purpose or effect of interfering with an indi- 49 vidual's work performance or creating an intimidating, hostile, or 50 offensive working environment. 51 (ii) "employee" shall include any legislative employee, contractor, or 52 employee of any contractor or other individual in the workplace of the 53 legislature. 54 (b) Instructions to file a complaint. (i) Complaints may be filed by 55 an employee to any supervisor, managerial employee, personnel adminis- 56 trator, or affirmative action administrator. Any supervisory or manage-S. 7511 31 A. 9511 1 rial employee who observes or otherwise becomes aware of conduct of a 2 sexually harassing nature, must report such conduct as set forth in the 3 complaint procedure so that it can be investigated. If the legislative 4 ethics commission otherwise becomes aware of conduct of a sexually 5 harassing nature, it shall ensure an investigation is opened immediate- 6 ly. 7 (ii) A standard complaint form. A standard complaint form shall be 8 available to every employee of the legislature. If an employee makes an 9 oral complaint, the person receiving such complaint shall encourage the 10 employee to fill out a standard complaint form. If the employee does not 11 fill out the complaint form, the person shall fill out such form based 12 on the oral reporting. 13 (c) Investigation procedure. (i) The legislative ethics commission 14 shall designate an individual to investigate complaints of sexual 15 harassment. Upon receipt of a complaint of sexual harassment, a super- 16 visor, managerial employee, personnel administrator, or affirmative 17 action administrator shall immediately report such complaint to the 18 designated individual, who shall open an investigation. The designated 19 individual shall ensure that he or she does not have a conflict of 20 interest in the allegations in the complaint, and if there is any 21 conflict of interest, the individual shall immediately notify the legis- 22 lative ethics commission, which shall designate a new individual to 23 conduct the investigation. 24 (ii) An investigation into a complaint of sexual harassment shall take 25 no more than ninety days from the filing of the complaint. If additional 26 time is needed to complete an investigation due to its complexity, a 27 request for an extension may be submitted to the legislative ethics 28 commission. 29 (iii) Any complaint of sexual harassment will be kept confidential, 30 including the identity of complainant, witnesses and the identity of the 31 alleged harasser to the extent practicable during the course of the 32 investigations. 33 (iv) Any appropriate remedial steps may be taken to prevent intim- 34 idation, retaliation, or coercion of the complainant by the alleged 35 harasser. Such steps may include, but not be limited to, preventing the 36 alleged harasser from contacting the complainant or from discussing the 37 substance of the complaint with the complainant. 38 (v) Such procedures shall also include, at a minimum: 39 (A) the development of a preliminary investigation plan, which shall 40 include at a minimum: 41 (1) an examination of: the circumstances surrounding the allegations; 42 the employment history of the parties; the place, date, location, time, 43 and duration of the incident in question; and prior relevant incidents 44 or allegations, whether reported or unreported; 45 (2) identification of the complainant, alleged harasser, and any rele- 46 vant witnesses; 47 (3) identification and communication of any legal hold request on any 48 relevant documents, emails or phone records to legal counsel; and 49 (4) a determination of any necessary site visits; 50 (B) an interview of the complainant, where necessary; 51 (C) an interview of the alleged harasser, where necessary, which shall 52 conform to the requirements of any applicable collective bargaining 53 agreement or law; and 54 (D) any other relevant information relating to the allegations. 55 (d) Completion of the investigation. (i) After the completion of an 56 investigation, the individual who conducted the investigation shallS. 7511 32 A. 9511 1 draft a report, using a standard format developed by the legislative 2 ethics commission. Such report shall contain, at a minimum, a summary of 3 relevant documents; a list of all individuals interviewed and a summary 4 of their statements; a timeline of events; a summary of prior relevant 5 incidents; and an analysis of the allegations and evidence. 6 (ii) The report shall be submitted to an individual designated by the 7 legislative ethics commission to review the report and make a legal 8 recommendation. No more than thirty days after the completion of such 9 investigation, a legal determination shall be issued. If there is a 10 determination that the complaint or a component of such complaint is 11 substantiated, appropriate administrative action shall be taken, which 12 shall conform to any applicable collective bargaining agreement or law. 13 2. Such policy shall also include, but not be limited to the follow- 14 ing: 15 (a) Contain a statement that sexual harassment is unlawful pursuant to 16 state and federal civil rights laws, and shall be prohibited conduct in 17 the legislature; 18 (b) Contain a statement that retaliation against a complainant, 19 witness or any other individual participating in the investigation proc- 20 ess is unlawful and will not be tolerated; 21 (c) Contain a statement that employees also have the right to file a 22 complaint with the U.S. Equal Employment Opportunity Commission, and the 23 New York division of human rights; 24 (d) Contain a statement that employees of state entities also have a 25 right to file a complaint with the joint commission on public ethics, 26 which shall include the contact information for employees to use to file 27 such a complaint; 28 (e) Copies of the sexual harassment policy, as well as directions for 29 filing a complaint, shall be distributed to all employees of the legis- 30 lature upon commencing employment and annually thereafter; and 31 (f) Provisions for appropriate annual interactive training for all 32 employees of the legislature. 33 3. Nothing in this section shall grant any additional legal rights to 34 any employee and nothing in this section abrogates compliance with any 35 law, rule, or regulation that grants rights to an employee. Where there 36 is a conflict between any collective bargaining agreement and this 37 section, such agreement shall be controlling. 38 § 3. The judiciary law is amended by adding a new section 219-d to 39 read as follows: 40 § 219-d. Sexual harassment prevention policy. 1. Notwithstanding any 41 other provision of law to the contrary, the office of court adminis- 42 tration shall develop a sexual harassment prevention policy, applicable 43 to the judiciary and all judiciary employees, which shall include inves- 44 tigation procedures and a standard complaint form. The sexual harassment 45 prevention policy shall include, but not be limited to, the following 46 elements: 47 (a) Definitions. For the purposes of this section, the following terms 48 shall have the following meanings: 49 (i) "sexual harassment" shall include unwelcome sexual advances, 50 requests for sexual favors, and other verbal or physical conduct of a 51 sexual nature when: (A) submission to such conduct is made either 52 explicitly or implicitly a term or condition of an individual's employ- 53 ment; (B) submission to or rejection of such conduct by an individual is 54 used as the basis for employment decisions affecting such individual; or 55 (C) such conduct has the purpose or effect of interfering with an indi-S. 7511 33 A. 9511 1 vidual's work performance or creating an intimidating, hostile, or 2 offensive working environment. 3 (ii) "employee" shall include any employee, contractor, or employee of 4 any contractor or other individual in the work place of the judiciary. 5 (b) Instructions to file a complaint. (i) Complaints may be filed by 6 an employee to any supervisor, managerial employee, personnel adminis- 7 trator, or affirmative action administrator. Any supervisory or manage- 8 rial employee who observes or otherwise becomes aware of conduct of a 9 sexually harassing nature, must report such conduct as set forth in the 10 complaint procedure so that it can be investigated. If the office of 11 court administration otherwise becomes aware of conduct of a sexually 12 harassing nature, it shall ensure an investigation is opened immediate- 13 ly. 14 (ii) A standard complaint form. A standard complaint form shall be 15 available to every employee in the judiciary. If an employee makes an 16 oral complaint, the person receiving such complaint shall encourage the 17 employee to fill out a standard complaint form. If the employee does not 18 fill out the complaint form, the person shall fill out such form based 19 on the oral reporting. 20 (c) Investigation procedure. (i) The office of court administration 21 shall designate an individual to investigate complaints of sexual 22 harassment. Upon receipt of a complaint of sexual harassment, a supervi- 23 sor, managerial employee, personnel administrator, or affirmative action 24 administrator shall immediately report such complaint to the designated 25 individual, who shall open an investigation. The designated individual 26 shall ensure that he or she does not have a conflict of interest in the 27 allegations in the complaint, and if there is any conflict of interest, 28 the individual shall immediately notify the office of court adminis- 29 tration, which shall designate a new individual to conduct the investi- 30 gation. 31 (ii) An investigation into a complaint of sexual harassment shall take 32 no more than ninety days from the filing of the complaint. If additional 33 time is needed to complete an investigation due to its complexity, a 34 request for an extension may be submitted to the office of court admin- 35 istration. 36 (iii) Any complaint of sexual harassment will be kept confidential, 37 including the identity of the complainant, witnesses and the identity of 38 the alleged harasser to the extent practicable during the course of the 39 investigations. 40 (iv) Any appropriate remedial steps may be taken to prevent intim- 41 idation, retaliation, or coercion of the complainant by the alleged 42 harasser. Such steps may include, but not be limited to, preventing the 43 alleged harasser from contacting the complainant or from discussing the 44 substance of the complaint with the complainant. 45 (v) Such procedures shall also include, at a minimum: 46 (A) the development of a preliminary investigation plan, which shall 47 include at a minimum: 48 (1) an examination of: the circumstances surrounding the allegations; 49 the employment history of the parties; the place, date, location, time, 50 and duration of the incident in question; and prior relevant incidents 51 or allegations, whether reported or unreported; 52 (2) identification of the complainant, alleged harasser, and any rele- 53 vant witnesses; 54 (3) identification and communication of any legal hold request on any 55 relevant documents, emails or phone records to legal counsel; and 56 (4) a determination of any necessary site visits;S. 7511 34 A. 9511 1 (B) an interview of the complainant, where necessary; 2 (C) an interview of the alleged harasser, where necessary, which shall 3 conform to the requirements of any applicable collective bargaining 4 agreement or law; and 5 (D) any other relevant information relating to the allegations. 6 (d) Completion of the investigation. (i) After the completion of an 7 investigation, the individual who conducted the investigation shall 8 draft a report, using a standard format developed by the office of court 9 administration. Such report shall contain, at a minimum, a summary of 10 relevant documents; a list of all individuals interviewed and a summary 11 of their statements; a timeline of events; a summary of prior relevant 12 incidents; and an analysis of the allegations and evidence. 13 (ii) The report shall be submitted to an individual designated by the 14 legislative ethics commission to review the report and make a legal 15 recommendation. No more than thirty days after the completion of such 16 investigation, a legal determination shall be issued. If there is a 17 determination that the complaint or a component of such complaint is 18 substantiated, appropriate administrative action shall be taken, which 19 shall conform to any applicable collective bargaining agreement or law. 20 2. Such policy shall also include, but not be limited to the follow- 21 ing: 22 (a) Contain a statement that sexual harassment is unlawful pursuant to 23 state and federal civil rights laws, and shall be prohibited conduct in 24 the judiciary; 25 (b) Contain a statement that retaliation against a complainant, 26 witness or any other individual participating in the investigation proc- 27 ess is unlawful and will not be tolerated; 28 (c) Contain a statement that employees also have the right to file a 29 complaint with the U.S. Equal Employment Opportunity Commission, and the 30 New York division of human rights; 31 (d) Contain a statement that employees of state entities also have a 32 right to file a complaint with the joint commission on public ethics, 33 which shall include the contact information for employees to use to file 34 such a complaint; 35 (e) Copies of the sexual harassment policy, as well as directions for 36 filing a complaint, shall be distributed to all employees of the legis- 37 lature upon commencing employment and annually thereafter; and 38 (f) Provisions for appropriate annual interactive training for all 39 employees of the judiciary. 40 3. Nothing in this section shall grant any additional legal rights to 41 any employee and nothing in this section abrogates compliance with any 42 law, rule, or regulation that grants rights to an employee. Where there 43 is a conflict between any collective bargaining agreement and this 44 section, such agreement shall be controlling. 45 § 4. The general municipal law is amended by adding a new section 686 46 to read as follows: 47 § 686. Sexual harassment prevention policy. 1. Notwithstanding any 48 other provision of law to the contrary, every county, city, town, 49 village, school district and other political subdivision shall require 50 its legal counsel to develop a sexual harassment prevention policy, 51 applicable to all employees of such political subdivision, which shall 52 include investigation procedures and a standard complaint form. The 53 sexual harassment prevention policy shall include, but not be limited 54 to, the following elements: 55 (a) Definitions. For the purposes of this section, the following terms 56 shall have the following meanings:S. 7511 35 A. 9511 1 (i) "sexual harassment" shall include unwelcome sexual advances, 2 requests for sexual favors, and other verbal or physical conduct of a 3 sexual nature when: (A) submission to such conduct is made either 4 explicitly or implicitly a term or condition of an individual's employ- 5 ment; (B) submission to or rejecting of such conduct by an individual is 6 used as the basis for employment decisions affecting such individual; or 7 (C) such conduct has the purpose or effect of interfering with an indi- 8 vidual's work performance or creating an intimidating, hostile, or 9 offensive working environment. 10 (ii) "employee" shall include any employee or contractor of the poli- 11 tical subdivision or any employee, contractor, or employee of any 12 contractor or other individual in the workplace of the political subdi- 13 vision. 14 (b) Instructions to file a complaint. (i) Complaints may be filed by 15 an employee with any supervisor, managerial employee, personnel adminis- 16 trator, or affirmative action administrator. Any supervisory or manage- 17 rial employee who observes or otherwise becomes aware of conduct of a 18 sexually harassing nature, must report such conduct as set forth in the 19 complaint procedure so that it can be investigated. If the legal counsel 20 of the political subdivision becomes aware of conduct of a sexually 21 harassing nature, it shall ensure an investigation is opened immediate- 22 ly. 23 (ii) A standard complaint form. A standard complaint form shall be 24 available to every employee in the political subdivision. If an employee 25 makes an oral complaint, the person receiving such complaint shall 26 encourage the employee to fill out a standard complaint form. If the 27 employee does not fill out the complaint form, the person shall fill out 28 such form based on the oral reporting. 29 (c) Investigation procedure. (i) The legal counsel shall designate an 30 individual or office to investigate complaints of sexual harassment. 31 Upon receipt of a complaint of sexual harassment, a supervisor, manage- 32 rial employee, personnel administrator, or affirmative action adminis- 33 trator shall immediately report such complaint to the designated indi- 34 vidual, who shall open an investigation. The designated individual shall 35 ensure that he or she does not have a conflict of interest in the alle- 36 gations in the complaint, and if there is any conflict of interest, the 37 individual shall immediately notify the legal counsel, which shall 38 designate a new individual to conduct the investigation. 39 (ii) An investigation into a complaint of sexual harassment shall take 40 no more than ninety days from the filing of the complaint. If additional 41 time is needed to complete an investigation due to its complexity, a 42 request for an extension may be submitted to the legal counsel. 43 (iii) Any complaint of sexual harassment will be kept confidential, 44 including the identity of complainant, witnesses and the identity of the 45 alleged harasser to the extent practicable during the course of the 46 investigations. 47 (iv) Any appropriate remedial steps may be taken to prevent intim- 48 idation, retaliation, or coercion of the complainant by the alleged 49 harasser. Such steps may include, but not be limited to, preventing the 50 alleged harasser from contacting the complainant or from discussing the 51 substance of the complaint with the complainant. 52 (v) Such procedures shall also include, at a minimum: 53 (1) the development of a preliminary investigation plan, which shall 54 include at a minimum: 55 (I) an examination of: the circumstances surrounding the allegations; 56 the employment history of the parties; the place, date, location, time,S. 7511 36 A. 9511 1 and duration of the incident in question; and prior relevant incidents 2 or allegations, whether reported or unreported; 3 (II) identification of the complainant, alleged harasser, and any 4 relevant witnesses; 5 (III) identification and communication of any legal hold request on 6 any relevant documents, emails or phone records to legal counsel; and 7 (IV) a determination of any necessary site visits; 8 (2) an interview of the complainant, where necessary; 9 (3) an interview of the alleged harasser, where necessary, which shall 10 conform to the requirements of any applicable collective bargaining 11 agreement or law; and 12 (4) any other relevant information relating to the allegations. 13 (d) Completion of the investigation. (i) After the completion of an 14 investigation, the individual who conducted the investigation shall 15 draft a report, using a standard format developed by the legal counsel. 16 Such report shall contain, at minimum, a summary of relevant documents; 17 a list of all individuals interviewed and a summary of their statements; 18 a timeline of events; a summary of prior relevant incidents; and an 19 analysis of the allegations and evidence. 20 (ii) The report shall be submitted to an individual designated by the 21 legal counsel to review the report and make a legal recommendation. No 22 more than thirty days after the completion of such investigation, a 23 legal determination shall be issued. If there is a determination that 24 the complaint or a component of such complaint is substantiated, appro- 25 priate administrative action shall be taken, which shall conform to any 26 applicable collective bargaining agreement or law. 27 2. Such policy shall also include, but not be limited to the follow- 28 ing: 29 (a) Contain a statement that sexual harassment is unlawful pursuant to 30 state and federal civil rights laws, and shall be prohibited conduct; 31 (b) Contain a statement that retaliation against a complainant, 32 witness or any other individual participating in the investigation proc- 33 ess is unlawful and will not be tolerated; 34 (c) Contain a statement that employees also have the right to file a 35 complaint with the U.S. Equal Employment Opportunity Commission, and 36 the New York division of human rights; 37 (d) Copies of the sexual harassment policy, as well as directions for 38 filing a complaint, shall be distributed to all employees of the poli- 39 tical subdivision upon commencing employment and annually thereafter; 40 and 41 (e) Provisions for appropriate annual interactive training for all 42 employees of the political subdivision. 43 3. Nothing in this section shall grant any additional legal rights to 44 any employee and nothing in this section abrogates compliance with any 45 law, rule, or regulation that grants rights to an employee. Where there 46 is a conflict between any collective bargaining agreement and this 47 section, such agreement shall be controlling. 48 § 5. The public authorities law is amended by adding a new section 49 2854 to read as follows: 50 § 2854. Sexual harassment prevention policy. 1. Notwithstanding any 51 other provision of law to the contrary, every state and local authority 52 shall require its legal counsel to develop a sexual harassment 53 prevention policy, applicable to all employees of such authority, which 54 shall include investigation procedures and a standard complaint form. 55 The sexual harassment prevention policy shall include, but not be limit- 56 ed to, the following elements:S. 7511 37 A. 9511 1 (a) Definitions. For the purposes of this section, the following terms 2 shall have the following meanings: 3 (i) "sexual harassment" shall include unwelcome sexual advances, 4 requests for sexual favors, and other verbal or physical conduct of a 5 sexual nature when: (A) submission to such conduct is made either 6 explicitly or implicitly a term or condition of an individual's employ- 7 ment; (B) submission to or rejection of such conduct by an individual is 8 used as the basis for employment decisions affecting such individual; or 9 (C) such conduct has the purpose or effect of interfering with an indi- 10 vidual's work performance or creating an intimidating, hostile, or 11 offensive working environment. 12 (ii) "employee" shall include any employee or contractor of the 13 authority, or any employee, contractor, or employee of any contractor or 14 other individual in the workplace of the authority. 15 (b) Instructions to file a complaint. (i) Complaints may be filed by 16 an employee with any supervisor, managerial employee, personnel adminis- 17 trator, or affirmative action administrator. Any supervisory or manage- 18 rial employee who observes or otherwise becomes aware of conduct of a 19 sexually harassing nature, must report such conduct as set forth in the 20 complaint procedure so that it can be investigated. If the legal counsel 21 becomes aware of conduct of a sexually harassing nature, it shall ensure 22 an investigation is opened immediately. 23 (ii) A standard complaint form. A standard complaint form shall be 24 available to every employee of the authority. If an employee makes an 25 oral complaint, the person receiving such complaint shall encourage the 26 employee to fill out a standard complaint form. If the employee does not 27 fill out the complaint form, the person shall fill out such form based 28 on the oral reporting. 29 (c) Investigation procedure. (i) The legal counsel shall designate an 30 individual to investigate complaints of sexual harassment for the 31 authority. Upon receipt of a complaint of sexual harassment, a supervi- 32 sor, managerial employee, personnel administrator, or affirmative action 33 administrator shall immediately report such complaint to the designated 34 individual, who shall open an investigation. The designated individual 35 shall ensure that he or she does not have a conflict of interest in the 36 allegation in the complaint, and if there is any conflict of interest, 37 the individual shall immediately notify the legal counsel, which shall 38 designate a new individual to conduct the investigation. 39 (ii) An investigation into a complaint of sexual harassment shall take 40 no more than ninety days from the filing of the complaint. If additional 41 time is needed to complete an investigation due to its complexity, a 42 request for an extension may be submitted to the authority. 43 (iii) Any complaint of sexual harassment will be kept confidential, 44 including the identity of the complainant, witnesses and the identity of 45 the alleged harasser to the extent practicable during the course of the 46 investigations. 47 (iv) Any appropriate remedial steps may be taken to prevent intim- 48 idation, retaliation, or coercion of the complainant by the alleged 49 harasser. Such steps may include, but not be limited to, preventing the 50 alleged harasser from contacting the complainant or from discussing the 51 substance of the complaint with the complainant. 52 (v) Such procedures shall also include, at a minimum: 53 (A) the development of a preliminary investigation plan, which shall 54 include at a minimum: 55 (1) an examination of: the circumstances surrounding the allegations; 56 the employment history of the parties; the place, date, location, time,S. 7511 38 A. 9511 1 and duration of the incident in question; and prior relevant incidents 2 or allegations, whether reported or unreported; 3 (2) identification of the complainant, alleged harasser, and any rele- 4 vant witnesses; 5 (3) identification and communication of any legal hold request on any 6 relevant documents, emails or phone records to legal counsel; and 7 (4) a determination of any necessary site visits; 8 (B) an interview of the complainant, where necessary; 9 (C) an interview of the alleged harasser, where necessary, which shall 10 conform to the requirements of any applicable collective bargaining 11 agreement or law; 12 (D) any other relevant information relating to the allegations. 13 (d) Completion of the investigation. (i) After the completion of an 14 investigation, the individual who conducted the investigation shall 15 draft a report, using a standard format developed by the legal counsel. 16 Such report shall contain, at minimum, a summary of relevant documents; 17 a list of all individuals interviewed and a summary of their statements; 18 a timeline of events; a summary of prior relevant incidents; and an 19 analysis of the allegations and evidence. 20 (ii) The report shall be submitted to an individual designated to 21 review the report and make a legal recommendation. No more than thirty 22 days after the completion of such investigation, a legal determination 23 shall be issued. If there is a determination that the complaint or a 24 component of such complaint is substantiated, appropriate administrative 25 action shall be taken, which shall conform to any applicable collective 26 bargaining agreement or law. 27 2. Such policy shall also include, but not be limited to the follow- 28 ing: 29 (a) Contain a statement that sexual harassment is unlawful pursuant to 30 state and federal civil rights laws, and shall be prohibited conduct; 31 (b) Contain a statement that retaliation against a complainant, 32 witness or any other individual participating in the investigation proc- 33 ess is unlawful and will not be tolerated; 34 (c) Contain a statement that employees also have the right to file a 35 complaint with the U.S. Equal Employment Opportunity Commission, and 36 the New York division of human rights; 37 (d) Contain a statement that employees of state entities also have a 38 right to file a complaint with the joint commission on public ethics, 39 which shall include the contact information for employees to use to file 40 such a complaint; 41 (e) Copies of the sexual harassment policy, as well as directions for 42 filing a complaint, shall be distributed to all employees of the author- 43 ity upon commencing employment and annually thereafter; and 44 (f) Provisions for appropriate annual interactive training for all 45 employees of the authority. 46 3. Nothing in this section shall grant any additional legal rights to 47 any employee and nothing in this section abrogates compliance with any 48 law, rule, or regulation that grants rights to an employee. Where there 49 is a conflict between any collective bargaining agreement and this 50 section, such agreement shall be controlling. 51 § 6. This act shall take effect one year after it shall have become a 52 law. Effective immediately, the addition, amendment and/or repeal of any 53 rule or regulation necessary for the implementation of this act on its 54 effective date are authorized to be made and completed on or before such 55 effective date.S. 7511 39 A. 9511 1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or subpart of this act shall be adjudged by any court of 3 competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section 6 or subject thereof directly involved in the controversy in which such 7 judgment shall have been rendered. It is hereby declared to be the 8 intent of the legislature that this act would have been enacted even if 9 such invalid provisions had not been included herein. 10 § 3. This act shall take effect immediately; provided, however, that 11 the applicable effective date of Subparts A through F of this act shall 12 be as specifically set forth in the last section of such Subparts. 13 PART J 14 Section 1. Computer science education standards. 1. The governor 15 shall convene a working group of educators, industry experts, insti- 16 tutions of higher education and employers to review, develop or adapt 17 existing frameworks for model kindergarten through grade 12 computer 18 science standards. In conducting such reviews, the governor shall seek 19 the recommendations of teachers, school administrators, teacher educa- 20 tors and others with educational or technological expertise on improve- 21 ments to the standards in order to ensure that students are prepared, in 22 appropriate progression, for postsecondary education or employment. 23 2. On or before March 1, 2019, the working group shall deliver a 24 report detailing the findings of the working group and model kindergar- 25 ten through grade 12 computer science standards to the commissioner of 26 education. 27 § 2. This act shall take effect immediately. 28 PART K 29 Section 1. Section 305 of the education law is amended by adding a new 30 subdivision 58 to read as follows: 31 58. The commissioner shall establish and develop a "Be Aware, Be 32 Informed" awareness, prevention and education program within the depart- 33 ment. Such program shall be defined by the commissioner in regulations 34 after consultation with the department of health and be designed to 35 educate students about healthy relationships. Such program shall 36 include, but not be limited to: 37 (a) age-appropriate model curriculum, exemplar lesson plans, and best 38 practice instructional resources for the Be Aware, Be Informed program. 39 Such model curriculum, lesson plans and instructional resources shall be 40 inclusive and respectful of all pupils regardless of race, ethnicity, 41 gender, disability, sexual orientation, or gender identity and include 42 but not be limited to: 43 (1) Model provisions developed by the commissioner after consultation 44 with experts in the field, including the New York state coalition 45 against domestic violence, or its successor, and the National Sexuality 46 Education Standards; 47 (2) For students in grades kindergarten through fourth grade: 48 (i) identification and examination of ideas about healthy relation- 49 ships and behaviors learned from home, family and the media; 50 (ii) self-esteem and self-worth; 51 (iii) friendship and empathy; and 52 (iv) age-appropriate medically accurate sexual health.S. 7511 40 A. 9511 1 (3) For students in fifth grade through twelfth grade: (i) a defi- 2 nition of teen dating violence; (ii) recognition of warning signs estab- 3 lished by a dating partner; (iii) characteristics of a healthy relation- 4 ship; (iv) links between bullying and teen dating violence; (v) safe use 5 of technology; (vi) a discussion of local community resources for those 6 in a teen dating violence relationship; (viii) an overview of the 7 school's policies and procedures on teen dating violence; (ix) an age- 8 appropriate definition of affirmative consent consistent with that used 9 in section sixty-four hundred forty-one of this chapter; and (x) age 10 appropriate, medically accurate sexual health. Provided that for the 11 purposes of Be Aware, Be Informed "age appropriate" shall mean topics, 12 messages, and teaching methods suitable to particular age and develop- 13 mental levels, based on cognitive, emotional, social and experience 14 level of most students at that age level, and "medically accurate" shall 15 mean information supported by peer reviewed, evidence-based research 16 recognized as accurate by leading professional organizations and agen- 17 cies with relevant experience such as the American Medical Association 18 and the Centers for Disease Control and Prevention. 19 (b) public availability of all materials for the Be Aware, Be Informed 20 program on a dedicated webpage on the department's internet website, and 21 provided at no cost to every school district, board of cooperative 22 educational services, charter school and nonpublic school upon request. 23 § 2. This act shall take effect immediately. 24 PART L 25 Section 1. Title 6 of article 2 of the public health law, as added by 26 chapter 342 of the laws of 2014, is amended by adding a new section 267 27 to read as follows: 28 § 267. Feminine hygiene products in schools. All elementary and 29 secondary public schools in the state serving students in any grade from 30 grade six through grade twelve shall provide feminine hygiene products 31 in the restrooms of such school building or buildings. Such products 32 shall be provided at no charge to students. 33 § 2. This act shall take effect July 1, 2018. 34 PART M 35 Section 1. Subdivision 15 of section 378 of the executive law is 36 renumbered as subdivision 18. 37 § 2. Subdivision 16 of section 378 of the executive law is renumbered 38 subdivision 15 and two new subdivisions 16 and 17 are added to read as 39 follows: 40 16. Standards requiring the installation and maintenance of at least 41 one safe, sanitary, and convenient diaper changing station, deck, table, 42 or similar amenity which shall be available for use by both male and 43 female occupants and which shall comply with section 603.5 (Diaper 44 Changing Tables) of the two thousand nine edition of the publication 45 entitled ICC A117.1, Accessible and Usable Buildings and Facilities, 46 published by the International Code Council, Inc., on each floor level 47 containing a public toilet room in all newly constructed buildings in 48 the state that have one or more areas classified as assembly group A 49 occupancies or mercantile group M occupancies and in all existing build- 50 ings in the state that have one or more areas classified as assembly 51 group A occupancies or mercantile group M occupancies and undergo a 52 substantial renovation. The council shall prescribe the type of reno-S. 7511 41 A. 9511 1 vation to be deemed to be a substantial renovation for the purposes of 2 this subdivision. The council may exempt historic buildings from the 3 requirements of this subdivision. 4 17. Standards requiring that, in each building that has one or more 5 areas classified as assembly group A occupancies or mercantile group M 6 occupancies and in which at least one diaper changing station, deck, 7 table, or similar amenity is installed, a sign shall be posted in a 8 conspicuous place in each public toilet room indicating the location of 9 the nearest diaper changing station, deck, table, or similar amenity 10 that is available for use by the gender using such public toilet room. 11 The requirements of this subdivision shall apply without regard to 12 whether the diaper changing station, deck, table, or similar amenity was 13 installed voluntarily or pursuant to subdivision sixteen of this section 14 or any other applicable law, statute, rule, or regulation. No such sign 15 shall be required in a public toilet room in which any diaper changing 16 station, deck, table, or similar amenity is located. 17 § 3. This act shall take effect January 1, 2019; provided, however, 18 that effective immediately, the addition, amendment and/or repeal of any 19 rules or regulations by the secretary of state and/or by the state fire 20 prevention and building code council necessary for the implementation of 21 section two of this act on its effective date are authorized and 22 directed to be made and completed on or before such effective date. 23 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 24 sion, section or part of this act shall be adjudged by any court of 25 competent jurisdiction to be invalid, such judgment shall not affect, 26 impair, or invalidate the remainder thereof, but shall be confined in 27 its operation to the clause, sentence, paragraph, subdivision, section 28 or part thereof directly involved in the controversy in which such judg- 29 ment shall have been rendered. It is hereby declared to be the intent of 30 the legislature that this act would have been enacted even if such 31 invalid provisions had not been included herein. 32 § 3. This act shall take effect immediately provided, however, that 33 the applicable effective date of Parts A through M of this act shall be 34 as specifically set forth in the last section of such Parts.
