senate Bill S6864

Vetoed By Governor
2009-2010 Legislative Session

Allows an action for unlawful discriminatory practice to be brought within three years after dismissal for administrative convenience

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (13)
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 07, 2010 referred to governmental operations
delivered to assembly
passed senate
May 27, 2010 advanced to third reading
May 26, 2010 2nd report cal.
May 25, 2010 1st report cal.646
Feb 17, 2010 referred to investigations and government operations

Votes

view votes

May 25, 2010 - Investigations and Government Operations committee Vote

S6864
4
1
committee
4
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 25, 2010

nay (1)
aye wr (3)

S6864 (ACTIVE) - Details

See Assembly Version of this Bill:
A10242
Law Section:
Executive Law
Laws Affected:
Amd ยง297, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A997
2013-2014: A3841
2015-2016: A3344
2017-2018: A2189
2019-2020: A6411

S6864 (ACTIVE) - Summary

Authorizes the institution of a suit in any court of competent jurisdiction alleging a violation of the human rights law for a period of three years after the dismissal of a complaint for administrative convenience by the division of human rights.

S6864 (ACTIVE) - Sponsor Memo

S6864 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6864

                            I N  S E N A T E

                            February 17, 2010
                               ___________

Introduced  by Sen. THOMPSON -- 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.