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Assembly Bill A11296B

2017-2018 Legislative Session

Extends the time to file a complaint for an unlawful discriminatory practice

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A11296 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L; amd §10, Ct Claims Act
Versions Introduced in 2019-2020 Legislative Session:
A1042

2017-A11296 - 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.

2017-A11296 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11296
 
                           I N  A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Simotas) --
   read once and referred to the Committee on Governmental 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.
   §  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, THIS SECTION
 SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR AN UNLAWFUL  DISCRI-
 MINATORY PRACTICE PURSUANT TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16360-02-8

co-Sponsors

2017-A11296A - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L; amd §10, Ct Claims Act
Versions Introduced in 2019-2020 Legislative Session:
A1042

2017-A11296A - 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.

2017-A11296A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11296--A
 
                           I N  A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Simotas) --
   read once and referred to the Committee on Governmental Operations  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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.
   §  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.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16360-04-8

co-Sponsors

2017-A11296B (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L; amd §10, Ct Claims Act
Versions Introduced in 2019-2020 Legislative Session:
A1042

2017-A11296B (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.

2017-A11296B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11296--B
 
                           I N  A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Simotas,
   D'Urso, Dinowitz, Ortiz, Wallace, Epstein, Mosley,  Abinanti,  Stirpe,
   Quart)  --  read  once  and  referred to the Committee on Governmental
   Operations -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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