NY State Senate Bill 2021-S749

Archive: Last Bill Status - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 03, 2021	approval memo.30 signed chap.566
Oct 22, 2021	delivered to governor
May 20, 2021	returned to senate passed assembly ordered to third reading cal.72 substituted for a1899 referred to codes delivered to assembly passed senate
Feb 03, 2021	advanced to third reading
Feb 02, 2021	2nd report cal.
Feb 01, 2021	1st report cal.209
Jan 06, 2021	referred to investigations and government operations

Votes

- May 20, 2021 - Floor Vote
  S749
  
  44
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 20, 2021
      
      aye (44)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Feb 1, 2021 - Investigations And Government Operations Committee Vote
  S749
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Feb 1, 2021
      
      aye (6)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      Palumbo
      
      Reichlin-Melnick
      
      Skoufis
      
      nay (1)
      
      O'Mara

co-Sponsors

2021-S749 (ACTIVE) - Details

See Assembly Version of this Bill:: A1899
Law Section:: Executive Law
Laws Affected:: Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8184
2011-2012: A1860
2013-2014: A353
2015-2016: A1998
2017-2018: A3923
2019-2020: S4129, A2475

2021-S749 (ACTIVE) - Summary

Awards attorney's fees and expert witness fees in appropriate cases.

2021-S749 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S749

SPONSOR: BIAGGI
 
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 allow the
commissioner or the court in an action or proceeding (with respect to
cases of housing discrimination only) to award reasonable attorney's
fees to any prevailing or substantially prevailing party, provided 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 was frivolous. This section would also provide
for expert witness fees to be awarded pursuant to the same standards as
an award of attorney's fees. This section also provides the standard
that the court would use to identify a frivolous action or proceeding.

Section 2 would provide that the bill will become effective 90 days
after enactment.

 
EXISTING LAW:

Currently attorney's fees may be awarded only in cases of housing
discrimination. There are no provisions for expert witness fees.

 
JUSTIFICATION:

In order to create uniformity and consistency within the Executive Law,
the limitation on the provision of attorney's fees to housing discrimi-
nation cases should be removed so that attorney's fees can be awarded in
appropriate cases in other areas of the Division's jurisdiction, such as
employment and places of public accommodation.

The majority of cases filed under the Executive Law are employment
cases. Often, discrimination victims have been terminated, or forced to
leave their jobs because of intolerable conditions, such as pervasive
sexual harassment, and are frequently not in a position to pay for legal
representation. Although the law provides for Division attorneys or
agents to present cases at a public hearing when probable cause has been
found, there are no provisions for legal representation in the investi-
gation and conciliation stages of the Division proceedings, nor are
there provisions for representation for persons who pursue their claims
directly in State court.

A provision for an award of attorney's fees in employment and other
discrimination cases would be consistent with the discrimination laws of
many other states, as well federal law, and would permit a more-robust
enforcement of the law for the general benefit of the public. Awards for
expenditure of fees for expert witnesses should be awarded in a like
manner, so that the Division will have the benefit of a complete record
in making its determinations.

 
LEGISLATIVE HISTORY:

2019-2020: A2475A/S4129A - Died on the Third Reading 2475A/Died in
Investigations and Government Operations

2017-2018: A3923 - Died on the Third Reading

2015-2016: A1998 - Died on the Third Reading

2013-2014: A353A - Died in Judiciary

2011-2012: A1860 - Died in Codes

2009-2010: A8184/S3884 - Passed Assembly/Died in Investigations and
Governmental Operations

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This proposal would take effect 90 days after becoming law.

2021-S749 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    749
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, HOYLMAN, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations 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
 amended  by  chapter  161  of  the  laws  of 2019, is amended to read as
 follows:
   10. [With respect to all cases of housing discrimination  and  housing
 related  credit  discrimination  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; and
 with respect to a claim of credit discrimination where sex is a basis of
 such discrimination, and  with  respect  to  all  claims  of  employment
 discrimination  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 attrib-
 utable  to such claim to any 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  hearing  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02894-01-1

 S. 749                              2
 
 division  is  a  party to the action or the proceeding in the division's
 capacity as an employer.  EXPERT WITNESS FEES MAY BE AWARDED IN THE SAME
 MANNER AS ATTORNEY'S FEES. In  cases  of  employment  discrimination,  a
 respondent  shall only be liable for attorney's fees under this subdivi-
 sion if the respondent has been found liable  for  having  committed  an
 unlawful  discriminatory  practice.  In  order  to  find  the  action or
 proceeding to be frivolous, the court or the commissioner must  find  in
 writing one or more of the following:
   (a)  the  action or proceeding was commenced, used or continued in bad
 faith, solely to delay or prolong the resolution of the litigation or to
 harass or maliciously injure another; or
   (b) the action or proceeding was commenced or continued in  bad  faith
 without  any reasonable basis and could not be supported by a good faith
 argument for an extension, modification or reversal of existing law.  If
 the  action  or  proceeding  was promptly discontinued when the party or
 attorney learned or should have learned that the  action  or  proceeding
 lacked such a reasonable basis, the court may find that the party or the
 attorney did not act in bad faith.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S749

Sponsored By

Archive: Last Bill Status - Signed by Governor

May 20, 2021 - Floor Vote

Floor Vote: May 20, 2021

Feb 1, 2021 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Feb 1, 2021

co-Sponsors

2021-S749 (ACTIVE) - Details

2021-S749 (ACTIVE) - Summary

2021-S749 (ACTIVE) - Sponsor Memo

2021-S749 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S749

Share this bill

Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - Signed by Governor

co-Sponsors

Brad Hoylman-Sigal

Julia Salazar

2021-S749 (ACTIVE) - Details

2021-S749 (ACTIVE) - Summary

2021-S749 (ACTIVE) - Sponsor Memo

2021-S749 (ACTIVE) - Bill Text download pdf

Comments