What's happening
This bill requires New York state legislators to personally reimburse the state for sexual harassment settlements paid with public funds.
Why it matters
Shifts financial responsibility for sexual harassment settlements away from taxpayers. by making individual legislators personally liable for reimbursing the state if public funds are used to settle claims against them, increasing personal accountability.
Deters future misconduct. by ensuring legislators face direct financial consequences for their actions, potentially discouraging both harassment and the use of taxpayer money to quietly resolve such cases.
Clarifies due process. by allowing accused legislators to contest settlements; reimbursement is only required if a court or administrative agency determines damages are owed, aiming to balance accountability with fairness.
Explicitly designates legislators as employers under state discrimination law. , which could broaden their legal responsibilities and clarify victim recourse in sexual harassment cases involving lawmakers.
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Who cares
Headline styles
Legislators Repay Harassment Settlements
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Government 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
S. 7196 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.
Sponsor's memo
Title of bill
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
Purpose
To establish personal liability for claims of sexual harassment by members of the legislature.
Summary of provisions
Section 1 of the bill adds a new section to the legislative law stating that any member of the legislature who personally commits or is alleged to have committed an unlawful discriminatory practice resulting in a claim of sexual harassment shall be personally liable for payment of any financial settlement or award due to the victim. If the victim receives all or part of a financial award or settlement from any state or legis- lative accounts or funds, the member shall personally reimburse the source of funds within sixty days. Further, this section gives a member the opportunity to contest a decision to settle a claim.
Section 2 sets the effective date.
Justification
New York's taxpayers should not be held liable when an elected member of the Legislature betrays their trust and perpetuates sexual harassment. This bill establishes that an individual Legislator will be held personally liable for any funds paid to a victim of sexual harassment when the Legislator is the perpetrator, in contrast to those funds coming from taxpayer dollars.
Legislative history
New bill.
Fiscal implications
To be determined; will likely result in cost savings to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.