NYSCASA Tracks Report
Bill Status Report
10-06-2017 - 21:36:53

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SB 809   Hoylman, Brad M.(D) Revives civil actions for certain sex offenses committed against a person less than eighteen years of age.
SB 7296 Hoylman, Brad M. (Refiled from 15R Session)
Position: Support
Remarks: The New York State Coalition Against Sexual Assault (NYSCASA) supports this legislation, which would amend the civil practice law and rules, the criminal procedure law, the court of claims act and the general municipal law, in relation to the timeliness for commencing certain civil actions related to sex offenses.

This legislation would eliminate the statute of limitations, which requires a victim of childhood sexual abuse to file charges within a 5 year timeframe after they turn 18. It would also allow childhood survivors of sexual abuse, who cannot sue under the current law, a one-year window to pursue civil action. The 90-day notice of claim for bringing civil litigation against a public institution would be eliminated as well.

We know that victims of childhood sexual abuse may not disclose for many years or even decades. They struggle with coming to terms with the fact that a loved one or trusted adult committed such a heinous act against them. It is important to provide these victims with the time they need to disclose and to provide an opportunity for recourse. New York State is among the worst states when it comes to childhood sexual abuse statute of limitations and this has to change. We know that 1 in 4 girls and 1 in 6 boys are sexually abused before they turn eighteen. The effects of sexual abuse are profound and life-changing. We must protect victims and give them an opportunity to seek the justice they deserve.

NYSCASA supports this legislation as it would add essential amendments to the current law, and urges the legislature to pass this bill.

Bill History: 04-20-17 S Committee discharged and committed to Senate Rules

SB 3515   Stavisky, Toby Ann(D) Relates to termination of parental rights in cases of a child conceived through rape.
AB 4372 Braunstein, Edward C. (Same As)
  2- 2-17 A Introduced and referred to committee on Assembly Judiciary
SB 3215-A Stavisky, Toby Ann (Refiled from 15R Session)
Position: Support
Remarks: The New York State Coalition Against Sexual Assault (NYSCASA) supports this legislation, which would amend the domestic relations law, the penal law and the family court act, in relation to termination of parental rights in cases of a child conceived through rape.

In May 2015, The Justice for Victims of Trafficking Act was passed by Congress. Title IV of this act or the Rape Survivor Child Custody Act provides an incentive to states that adopt legislation which terminate the parental rights of a rapist.

Rape Survivors can experience both short term and long term mental health issues, including depression, post-traumatic stress disorder, and attempted or completed suicide. Forcing rape survivors to have an ongoing relationship with their perpetrator is cruel and inhumane.

In one case, a fourteen-year-old girl, who was raped by an older man was forced to notify him of her decision to put the baby up for adoption. The court permitted her to give up her parental rights, but her rapist was able to retain his parental rights. Thereafter he sought child support payments from the girl he raped. This is unacceptable. It is imperative that we protect survivors and not re-traumatize them.

Bill History: 01-24-17 S Introduced and referred to committee on Senate Codes

SB 4405-A   Stewart-Cousins, Andrea(D) Relates to the minimum wage.for food service workers and service employees who receive tips.
AB 6203 Jaffee, Ellen C. (Same As)
  2-27-17 A Introduced and referred to committee on Assembly Labor
Position: Support
Remarks: The New York State Coalition Against Sexual Assault (NYSCASA) supports this legislation, which would amend the labor law, in relation to the minimum wage.

New York’s two tiered wage system is very problematic. A sub-minimum wage for tipped workers marginalizes them and exacerbates the income inequality gap.

Multiple sources highlight the fact that women on average make less money than men. When you account for race that difference is even more pronounced. This is unacceptable.

According to the report Tipped Over the Edge-Gender Inequity in the Restaurant Industry, seven of the ten lowest-paid occupations in the United States are restaurant occupations. Most of these occupations are majority female and pay median wages below the poverty line. In addition to that Servers – of whom 71 percent are female – are almost three times more likely to be paid below the poverty line than the general workforce and nearly twice as likely to need food stamps as the general population.

Moreover states that follow the federal tipped subminimum wage have a much higher poverty rate for servers than states without a subminimum wage (19.4 percent vs. 13.6 percent), and this burden of poverty falls mostly on women.

Furthermore employees within the restaurant industry report high rates of sexual harassment. Nearly 37 percent of all sexual harassment charges filed by women with the Equal Employment Opportunity Commission (EEOC) come from the restaurant industry – more than 5 times the rate for the general female workforce. When restaurant employees must rely on tips to make a living, it puts them at the mercy of their customers. This creates an unhealthy dynamic which can subject an employee to sexual harassment in the course of them trying to earn a decent tip to achieve minimum wage, which is not always actualized. Many tipped workers are also at risk of management coercion because of their vulnerable state brought on by their reliance on tips.

NYSCASA supports this legislation and urges the legislature to pass this bill, so that the approximately 272,000 tipped restaurant workers who were left out of the recent minimum wage increase can now be included.

Bill History: 03-01-17 S Print number SB 4405 A

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