Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to investigations and government operations |
Apr 02, 2009 |
referred to investigations and government operations |
Senate Bill S3884
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
(D, WF) 28th Senate District
(D) Senate District
(D, IP) Senate District
2009-S3884 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8184
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Executive Law
- Laws Affected:
- Amd §297, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A1860
2013-2014: A353
2015-2016: A1998
2017-2018: A3923
2019-2020: A2475
2021-2022: A1899
2009-S3884 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3884 TITLE OF BILL : An act to amend the executive law, in relation to providing for the award of attorney's fees and expert witness fees in appropriate cases PURPOSE OF BILL : This bill would amend the Executive Law. to provide for an award of attorney's fees and expert witness fees in all appropriate cases of discrimination. SUMMARY OF PROVISIONS : Section 1 of the bill would amend Executive Law § 297 (10) to omit the phrase "(w)ith respect to cases of housing discrimination only," so that attorney's fees. may be awarded in all appropriate cases of discrimination and to provide that, in cases of employment discrimination only, the award of attorney's fees will be limited to cases in which the employer has 50 or more employees. This section would also provide for expert witness fees to be awarded pursuant to the same standards as an award of attorney's fees. Section 2 would provide that the bill will become effective 90 days
2009-S3884 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3884 2009-2010 Regular Sessions I N S E N A T E April 2, 2009 ___________ Introduced by Sens. C. JOHNSON, DIAZ, ONORATO, SAVINO -- (at request of the Division of Human Rights) -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the executive law, in relation to providing for the award of attorney's fees and expert witness fees in appropriate cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 297 of the executive law, as added by section 17 of part D of chapter 405 of the laws of 1999, is amended to read as follows: 10. [With respect to cases of housing discrimination only, in] IN an action or proceeding at law under this section or section two hundred ninety-eight of this article, the commissioner or the court may in its discretion award reasonable attorney's fees to any prevailing or substantially prevailing party; provided, however, that a prevailing respondent or defendant in order to recover such reasonable attorney's fees must make a motion requesting such fees and show that the action or proceeding brought was frivolous; and further provided that in a proceeding brought in the division of human rights, the commissioner may only award attorney's fees as part of a final order after a public hear- ing held pursuant to subdivision four of this section. In no case shall attorney's fees be awarded to the division, nor shall the division be liable to a prevailing or substantially prevailing party for attorney's fees, except in a case in which the division is a party to the action or the proceeding in the division's capacity as an employer. WITH RESPECT TO CASES OF EMPLOYMENT DISCRIMINATION ONLY, THE AWARD OF ATTORNEY'S FEES WILL BE LIMITED TO THOSE CASES IN WHICH THE EMPLOYER HAS FIFTY OR MORE EMPLOYEES. EXPERT WITNESS FEES MAY BE AWARDED IN THE SAME MANNER AS ATTORNEY'S FEES. In order to find the action or proceeding to be frivo- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09042-01-9
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