Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 21, 2020 |
recommit, enacting clause stricken |
Jan 08, 2020 |
referred to investigations and government operations |
Jan 18, 2019 |
referred to investigations and government operations |
Senate Bill S2036
2019-2020 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - Stricken
- 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) 26th Senate District
(D, WF) 47th Senate District
(D, WF) 28th Senate District
2019-S2036 (ACTIVE) - Details
2019-S2036 (ACTIVE) - Summary
Extends the time to file a complaint for an unlawful discriminatory practice from one year to three years; provides that the notice of intention to file pursuant to the court of claims act for any claim to recover damages for an unlawful discriminatory practice shall be filed within six months.
2019-S2036 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2036 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the executive law and the court of claims act, in relation to filing a complaint for an unlawful discriminatory practice PURPOSE: To provide victims of unlawful discrimination with sufficient time to file complaints. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law to extend the time for filing a complaint with the New York State Division of Human Rights from one year to three years after the alleged unlawful discriminatory practice and provides that the statute of limitations shall be tolled during ongoing proceedings related to the alleged discriminatory practice.
2019-S2036 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2036 2019-2020 Regular Sessions I N S E N A T E January 18, 2019 ___________ Introduced by Sen. BIAGGI -- 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 executive law and the court of claims act, in relation to filing a complaint for an unlawful discriminatory practice THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 297 of the executive law, as amended by chapter 958 of the laws of 1968, is amended to read as follows: 5. Any complaint filed pursuant to this section must be so filed with- in [one year] THREE YEARS after the alleged unlawful discriminatory practice. THE STATUTE OF LIMITATIONS SHALL BE TOLLED DURING ONGOING PROCEEDINGS RELATED TO THE ALLEGED UNLAWFUL DISCRIMINATORY PRACTICE, FROM THE DATE AN INVESTIGATION COMMENCES OR THE COMPLAINANT FILES A COMPLAINT WITH THEIR EMPLOYER OR THE APPROPRIATE LOCAL, STATE OR FEDERAL AGENCY, WHICHEVER IS EARLIER, UNTIL THE DATE THE COMPLAINANT IS NOTIFIED THAT THE INVESTIGATION HAS CONCLUDED. § 2. Section 10 of the court of claims act is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A CLAIM TO RECOVER DAMAGES FOR AN UNLAWFUL DISCRIMINATORY PRACTICE PURSUANT TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW SHALL BE FILED AND SERVED UPON THE ATTORNEY GENERAL WITHIN SIX MONTHS AFTER THE ACCRUAL OF SUCH CLAIM, UNLESS THE CLAIMANT SHALL WITHIN SUCH TIME SERVE UPON THE ATTORNEY GENERAL A WRITTEN NOTICE OF INTENTION TO FILE A CLAIM THEREFOR, IN WHICH EVENT THE CLAIM SHALL BE FILED AND SERVED UPON THE ATTORNEY GENERAL WITHIN THREE YEARS AFTER SUCH ACCRUAL. THE STATUTE OF LIMITATIONS SHALL BE TOLLED DURING ONGOING PROCEEDINGS RELATED TO THE ALLEGED UNLAWFUL DISCRIMINATORY PRACTICE, FROM THE DATE AN INVESTIGATION COMMENCES OR THE COMPLAINANT FILES A COMPLAINT WITH THEIR EMPLOYER OR THE APPROPRIATE LOCAL, STATE OR FEDERAL AGENCY, WHICHEVER IS EARLIER, UNTIL THE DATE THE COMPLAINANT IS NOTIFIED THAT THE INVESTIGATION HAS CONCLUDED. § 3. This act shall take effect immediately.
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