|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 11, 2019||referred to investigations and government operations|
senate Bill S4393
Current Bill Status - In Senate Committee Investigations And Government Operations Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4393 (ACTIVE) - Details
S4393 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4393 SPONSOR: KRUEGER TITLE OF BILL: An act to amend the executive law, in relation to unlawful discriminatory practices PURPOSE OF BILL: This bill allows the award of punitive damages to victims of all forms of unlawful discrimination. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends § 297(9) of the executive law to allow punitive damages awards for all unlawful discrimination civil law cases. Section 2 states the law shall be effective immediately. JUSTIFICATION:
S4393 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4393 2019-2020 Regular Sessions I N S E N A T E March 11, 2019 ___________ Introduced by Sen. KRUEGER -- 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 unlawful discriminato- ry practices 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, including any civil fines and penalties provided in subdivision four of this section, unless such person had filed a complaint hereunder or with any local commission on human rights, or with the superintendent pursu- ant to the provisions of section two hundred ninety-six-a of this chap- ter, provided that, where the division has dismissed such complaint on the grounds of administrative convenience, on the grounds of untimeli- ness, 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. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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