What's happening
This bill requires New York state legislators to personally repay the state for sexual harassment settlements paid with public funds.
Why it matters
Shifts financial responsibility for sexual harassment settlements. By making legislators personally repay the state for any public funds used in sexual harassment settlements, this bill directly impacts lawmakers’ finances rather than allowing taxpayer money to shield personal misconduct.
Creates a strong deterrent effect. Knowing they cannot rely on state funds to cover settlements, legislators may be more cautious about their workplace behavior and more accountable for their actions.
Clarifies accountability even for alleged violations. The bill applies repayment requirements both to those found liable by a court/agency and to those who settle claims, meaning lawmakers can’t avoid personal liability simply by agreeing to settle out of court.
Aligns legislators with employer responsibilities. By defining legislators as “employers” under state anti-discrimination law, the bill reinforces their legal duties to maintain a harassment-free workplace and could impact how future complaints are handled.
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Legislators Repay Harassment Settlements
Plain English, a few words. Used as the page title.
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History
- Enacting clause stricken
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Legislators Repay Harassment Settlements
In Senate Committee · Investigations And Government Operations · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9888
IN ASSEMBLY
February 16, 2018
Introduced by M. of A. MAYER -- read once and referred to the Committee on Governmental 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 Assembly, do enact as follows:
Section 1. The legislative law is amended by adding a new section 81 to read as follows:
§ 81. Personal liability of members of the legislature for payment of certain settlements and awards. 1. Any member of the legislature who personally commits or is alleged to have committed an unlawful discriminatory practice as referred to in subdivisions one, one-a or three of section two hundred ninety-six of the executive law resulting in a claim of sexual harassment shall be personally liable for payment of any financial award or settlement due to the victim. If all or part of a financial award or settlement is paid or obtained from any state or legislative accounts or funds, the member who committed or is alleged to have committed the violation shall, within sixty days of payment of the financial award or settlement to the victim, personally reimburse the account or source from which the funds were disbursed or obtained for the full amount provided by such account or source toward the award or settlement.
2. The member accused of an act subject to a settlement pursuant to this section may contest the agreement to settle, and in such cases no monetary claim will be owed unless assigned by an administrative agency or a court of competent jurisdiction. Provided, however, that if a court or agency finds that monetary damages are owed, the member shall personally reimburse the body in the manner proscribed by subdivision one of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14058-03-7
A. 9888 2
3. For purposes of this section, members of the legislature shall be deemed to be employers as described in section two hundred ninety-six of the executive law.
§ 2. This act shall take effect immediately and shall apply to claims of sexual harassment by members of the New York state legislature arising from behavior occurring on and after January 1, 2018.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.