Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2018 |
referred to investigations and government operations |
May 25, 2017 |
referred to investigations and government operations |
Senate Bill S6490
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- 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
2017-S6490 (ACTIVE) - Details
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Executive Law
- Laws Affected:
- Amd §297, Exec L
2017-S6490 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6490 TITLE OF BILL : An act to amend the executive law, in relation to providing that attorney's fees may be awarded in all cases PURPOSE OF THE BILL : This bill would amend the Human Rights Law (Article 15 of the Executive Law) ("HRL") to provide for an award of attorney's fees in all cases of discrimination. SUMMARY OF PROVISIONS : Section 1 of the bill would amend HRL § 297.10 to allow an award of attorney's fees in all cases of discrimination brought pursuant to the HRL. Section 2 of the bill would make it effective immediately. JUSTIFICATION : Under current law, attorney's fees are limited to: (i) cases of housing and housing-related credit discrimination; and (ii) cases of sex discrimination in employment or credit only. Moreover, although
2017-S6490 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6490 2017-2018 Regular Sessions I N S E N A T E May 25, 2017 ___________ Introduced by Sen. YOUNG -- (at request of the Division of Human Rights) -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the executive law, in relation to providing that attor- ney's fees may be awarded in all 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 364 of the laws of 2015, is amended to read as follows: 10. With respect to all cases of housing discrimination and housing related credit 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 attor- ney's fees to any prevailing or substantially prevailing party; and with respect to [a claim of employment or credit discrimination where sex is a basis of such discrimination] ALL OTHER CLAIMS OF 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 attributable 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 proceed- ing 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 attor- ney'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 division is a party to the action or the proceeding in the division's capacity as an employer. In cases of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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