Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 30, 2010 |
vetoed memo.6731 |
Jul 19, 2010 |
delivered to governor |
Jun 23, 2010 |
returned to senate passed assembly |
Jun 15, 2010 |
ordered to third reading rules cal.107 substituted for a10242 |
Jun 15, 2010 |
substituted by s6864 |
Jun 14, 2010 |
ordered to third reading rules cal.107 rules report cal.107 reported |
Jun 08, 2010 |
reported referred to rules |
Mar 11, 2010 |
referred to governmental operations |
Assembly Bill A10242
Vetoed By Governor2009-2010 Legislative Session
Sponsored By
PEOPLES-STOKES
Archive: Last Bill Status Via S6864 - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
2009-A10242 (ACTIVE) - Details
2009-A10242 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10242 TITLE OF BILL: An act to amend the executive law, in relation to insti- tution of court actions under section 297 thereof PURPOSE OR GENERAL IDEA OF BILL: To provide a time limitation within which complainants can institute a court action after dismissal of their complaints for administrative convenience by the state Division of Human Rights. SUMMARY OF SPECIFIC PROVISIONS: This legislation would amend subdivi- sion 9 of Section 297 of the Executive Law to provide that when a complaint is dismissed by the Division of Human Rights for administra- tive convenience, the complainant may institute a court action within three years after the dismissal. JUSTIFICATION: Sometimes complaints before the State Division of Human Rights are dismissed for administrative convenience after investigation and conciliation efforts. The Division has broad powers regarding its ability to dismiss and may impose such a dismissal against the wishes of a complainant to pursue their complaint. This legislation is intended to insure that the rights of the aggrieved party will be maintained to obtain redress if their complaint is dismissed after the statute of limitations set forth in the Human Rights Law has expired. PRIOR LEGISLATIVE HISTORY:
2009-A10242 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10242 I N A S S E M B L Y March 11, 2010 ___________ Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to institution of court actions under section 297 thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 297 of the executive law, as amended by section 16 of part D of chapter 405 of the laws of 1999, is amended to read as follows: 9. Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of appropriate juris- diction for damages, including, in cases of housing discrimination only, punitive damages, and such other remedies as may be appropriate, includ- ing any civil fines and penalties provided in subdivision four of this section, unless such person had filed a complaint [hereunder] PURSUANT TO THIS SECTION or with any local commission on human rights, or with the superintendent pursuant to the provisions of section two hundred ninety-six-a of this [chapter,] ARTICLE; provided that, where the divi- sion has dismissed such complaint on the grounds of administrative convenience, on the grounds of untimeliness, or on the grounds that the election of remedies is annulled, such person shall maintain all rights to bring suit as if no complaint had been filed with the division AND MAY BRING SUCH SUIT WITHIN THREE YEARS AFTER ANY SUCH DISMISSAL FOR ADMINISTRATIVE CONVENIENCE. At any time prior to a hearing before a hearing examiner, a person who has a complaint pending at the division may request that the division dismiss the complaint and annul his or her election of remedies so that the human rights law claim may be pursued in court, and the division may, upon such request, dismiss the complaint on the grounds that such person's election of an administrative remedy is annulled. Notwithstanding subdivision (a) of section two hundred four of the civil practice law and rules, if a complaint is so annulled by the division, upon the request of the party bringing such complaint before the division, such party's rights to bring such cause of action before a court of appropriate jurisdiction shall be limited by the stat- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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