Bill Text: NY S07196 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires state legislators who pay financial settlements in cases of certain sexual harassment claims using state or legislative funds to reimburse the state or legislature for the amount of the state or legislative funds awarded or paid to the victim.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07196 Detail]

Download: New_York-2017-S07196-Introduced.html

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