NY State Senate Bill 2019-S5164B

Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Feb 27, 2020	advanced to third reading
Feb 26, 2020	2nd report cal.
Feb 25, 2020	1st report cal.456
Feb 14, 2020	print number 5164b
Feb 14, 2020	amend and recommit to judiciary
Jan 28, 2020	print number 5164a
Jan 28, 2020	amend and recommit to judiciary
Jan 08, 2020	referred to judiciary
Apr 12, 2019	referred to judiciary

Votes

- Feb 25, 2020 - Judiciary Committee Vote
  S5164B
  
  10
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 25, 2020
      
      aye (10)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      Savino
      
      Sepúlveda
      
      Stavisky
      
      Thomas
      
      nay (1)
      
      O'Mara
      
      aye wr (3)
      
      LaValle
      
      Lanza
      
      Ranzenhofer
      
      excused (1)
      
      Boyle

Bill Amendments

Original

B (Active)

2019-S5164 - Details

Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §5011, CPLR
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1068
2023-2024: S3517

2019-S5164 - Summary

Provides that estimations, measures, or calculations of past, present or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death shall not be reduced based on race, creed, color, national origin, religion, sexual orientation, gender identity or expression, military status, sex, familial status, marital status, or status as a victim of domestic violence.

2019-S5164 - Sponsor Memo

                                
 
BILL NUMBER: S5164

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to judgments

 
PURPOSE OF BILL:

To prohibit judgement estimations, measures or calculations of damages
from being based on or consider, income, race, ethnicity, gender, reli-
gion or sexual orientation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Section 5011 of the civil practice law and rules, as
amended by section 52 of subpart B of part C of chapter 62 of the laws
of 2011 by prohibiting estimations, measures, or calculations of damages
from being considered or based on income, race, ethnicity, gender, reli-
gion or sexual orientation.

Section 2: Amends Section 5031 of the civil practice law and rules by

adding a new subdivision (a-1) which prohibits estimations, measures, or
calculations of damages from being considered or based on income, race,
ethnicity, gender, religion or sexual orientation.

Section 3: Amends Section 5041 of the civil practice law and rules by
adding a new subdivision (a-1) which prohibits estimations, measures, or
calculations of damages from being considered or based on income, race,
ethnicity, gender, religion or sexual orientation

Section 4: Sets forth an effective date

 
JUSTIFICATION:

A discriminatory disparity exists in how civil damage awards are calcu-
lated by the court system. Individuals belonging to protected classes
are consistently under-valued in the levels of restitution received
based on outcomes of civil lawsuits because their income, upon which
damage determinations are based on, is lower than those individuals
belonging to non-protected classes.

The practice of income and identity-based damage determinations are
rooted in injustices like systemic workplace pay discrimination.
According to a survey by National Association of Forensic Economics,
about one-half of economists said they consider race, and 92% consider
gender when projecting earning potential for an injured person in a
civil lawsuit resulting in inadequate damages reflective of and stemming
from discriminatory practices.

It has been estimated that disenfranchised groups, such as low-income
women and minorities, subjected to hazardous workplace and environmental
conditions are losing out on hundreds of thousands of dollars that they
could be compensated for if damage determinations were not reflective of
entrenched discrimination, especially in the workplace.

This bill addresses the disparities in damages received which dispropor-
tionately impact those belonging to the protected classes by prohibiting
judgement estimations, measures or calculations of damages from being

based on income, race, ethnicity, gender, religion or sexual orien-
tation.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S5164 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5164
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation  to  judg-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 5011 of  the  civil  practice  law  and  rules,  as
 amended  by  section 52 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   § 5011. Definition and content of judgment. A judgment is the determi-
 nation of the rights of the parties in an action or  special  proceeding
 and may be either interlocutory or final. A judgment shall refer to, and
 state the result of, the verdict or decision, or recite the default upon
 which  it  is  based.  A  judgment may direct that property be paid into
 court when the party would not have the benefit or  use  or  control  of
 such  property  or  where  special  circumstances make it desirable that
 payment or delivery to the party entitled  to  it  should  be  withheld.
 ESTIMATIONS, MEASURES, OR CALCULATIONS OF DAMAGES SHALL NOT BE BASED ON,
 AND  SHALL  NOT  CONSIDER, INCOME, RACE, ETHNICITY, GENDER, RELIGION, OR
 SEXUAL ORIENTATION. In any case where damages are awarded to  an  inmate
 serving  a  sentence  of  imprisonment  with  the  state  department  of
 corrections and community supervision or to a  prisoner  confined  at  a
 local  correctional facility, the court shall give prompt written notice
 to the office of victim services, and at the same time shall direct that
 no payment be made to such inmate or prisoner for  a  period  of  thirty
 days following the date of entry of the order containing such direction.
   §  2.  Section  5031 of the civil practice law and rules is amended by
 adding a new subdivision (a-1) to read as follows:
   (A-1) ESTIMATIONS, MEASURES, OR CALCULATIONS OF DAMAGES SHALL  NOT  BE
 BASED ON, AND SHALL NOT CONSIDER, INCOME, RACE, ETHNICITY, GENDER, RELI-
 GION, OR SEXUAL ORIENTATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09807-01-9

 S. 5164                             2
 
   §  3.  Section  5041 of the civil practice law and rules is amended by
 adding a new subdivision (a-1) to read as follows:
   (A-1)  ESTIMATIONS,  MEASURES, OR CALCULATIONS OF DAMAGES SHALL NOT BE
 BASED ON, AND SHALL NOT CONSIDER, INCOME, RACE, ETHNICITY, GENDER, RELI-
 GION, OR SEXUAL ORIENTATION.
   § 4. This act shall take effect immediately.

2019-S5164A - Details

Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §5011, CPLR
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1068
2023-2024: S3517

2019-S5164A - Summary

2019-S5164A - Sponsor Memo

                                
 
BILL NUMBER: S5164A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to judg-
ments

 
PURPOSE OF BILL:

To prohibit judgement estimations, measures or calculations of damages
from being based on creed, color, national origin, religion, sexual
orientation, gender identity or expression, military status, sex, fami-
lial status, marital status, or status as a victim of domestic violence

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 5011 of the civil practice law and rules, as
amended by section 52 of subpart B of part C of chapter 62 of the laws
of 2011 by prohibiting estimations, measures, or calculations of past,
present, or future damages for lost earnings or impaired earning capaci-

ty resulting from personal injury or wrongful death from being reduced
based on, creed, color, national origin, religion, sexual orientation,
gender identity or expression, military status, sex, familial status,
marital status, or status as a victim of domestic violence.

Section 2 sets forth an effective date

 
JUSTIFICATION:

A discriminatory disparity exists in how civil damage awards are calcu-
lated by the court system. Individuals belonging to protected classes
are consistently under-valued in the levels of restitution received
based on outcomes of civil lawsuits because their income, upon which
damage determinations are based on, is lower than those individuals
belonging to non-protected classes.

The practice of income and identity-based damage determinations are
rooted in injustices like systemic workplace pay discrimination.
According to a survey by National Association of Forensic Economics,
about one-half of economists said they consider race, and 92% consider
gender when projecting earning potential for an injured person in a
civil lawsuit resulting in inadequate damages reflective of and stemming
from discriminatory practices.

It has been estimated that disenfranchised groups, such as low-income
women and minorities, subjected to hazardous workplace and environmental
conditions are losing out on hundreds of thousands of dollars that they
could be compensated for if damage determinations were not reflective of
entrenched discrimination, especially in the workplace.

This bill addresses the disparities in damages received which dispropor-
tionately impact those belonging to the protected classes by prohibiting
judgement estimations, measures or calculations of damages from being
based on race, ethnicity, gender, religion or sexual orientation.

 
LEGISLATIVE HISTORY:

 New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S5164A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5164--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the civil practice law and rules, in relation  to  judg-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5011 of  the  civil  practice  law  and  rules,  as
 amended  by  section 52 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   § 5011. Definition and content of judgment. A judgment is the determi-
 nation of the rights of the parties in an action or  special  proceeding
 and may be either interlocutory or final. A judgment shall refer to, and
 state the result of, the verdict or decision, or recite the default upon
 which  it  is  based.  A  judgment may direct that property be paid into
 court when the party would not have the benefit or  use  or  control  of
 such  property  or  where  special  circumstances make it desirable that
 payment or delivery to the party entitled  to  it  should  be  withheld.
 ESTIMATIONS,  MEASURES,  OR  CALCULATIONS  OF  PAST,  PRESENT, OR FUTURE
 DAMAGES FOR LOST EARNINGS OR IMPAIRED EARNING  CAPACITY  RESULTING  FROM
 PERSONAL  INJURY  OR WRONGFUL DEATH SHALL NOT BE REDUCED BASED ON CREED,
 COLOR, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY OR
 EXPRESSION, MILITARY STATUS, SEX, FAMILIAL STATUS,  MARITAL  STATUS,  OR
 STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE. In any case where damages are
 awarded to an inmate serving a sentence of imprisonment with  the  state
 department  of  corrections  and  community supervision or to a prisoner
 confined at a local correctional facility, the court shall  give  prompt
 written  notice  to  the office of victim services, and at the same time
 shall direct that no payment be made to such inmate or  prisoner  for  a
 period  of thirty days following the date of entry of the order contain-
 ing such direction.
   § 2. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09807-04-0

2019-S5164B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §5011, CPLR
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1068
2023-2024: S3517

2019-S5164B (ACTIVE) - Summary

2019-S5164B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5164B

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to judg-
ments

 
PURPOSE OF BILL:

To prohibit judgement estimations, measures or calculations of damages
from being based on race, creed, color, national origin, religion, sexu-
al orientation, gender identity or expression, military status, sex,
familial status, marital status, or status as a victim of domestic
violence.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 5011 of the civil practice law and rules, as
amended by section 52 of subpart B of part C of chapter 62 of the laws
of 2011 by prohibiting estimations, measures, or calculations of past,

present, or future damages for lost earnings or impaired earning capaci-
ty resulting from personal injury or wrongful death from being reduced
based on race, creed, color, national origin, religion, sexual orien-
tation, gender identity or expression, military status, sex, familial
status, marital status, or status as a victim of domestic violence.

Section 2 sets forth an effective date.

 
JUSTIFICATION:

A discriminatory disparity exists in how civil damage awards are calcu-
lated by the court system. Individuals belonging to protected classes
are consistently under-valued in the levels of restitution received
based on outcomes of civil lawsuits because their income, upon which
damage determinations are based on, is lower than those individuals
belonging to non-protected classes.

The practice of income and identity-based damage determinations are
rooted in injustices like systemic workplace pay discrimination.
According to a survey by National Association of Forensic Economics,
about one-half of economists said they consider race, and 92% consider
gender when projecting earning potential for an injured person in a
civil lawsuit resulting in inadequate damages reflective of and stemming
from discriminatory practices.

It has been estimated that disenfranchised groups, such as low-income
women and minorities, subjected to hazardous workplace and environmental
conditions are losing out on hundreds of thousands of dollars that they
could be compensated for if damage determinations were not reflective of
entrenched discrimination, especially in the workplace.

This bill addresses the disparities in damages received which dispropor-
tionately impact those belonging to the protected classes by prohibiting
judgement estimations, measures or calculations of damages from being
based on race, creed, color, national origin, religion, sexual orien-
tation, gender identity or expression, military status, sex, familial
status, marital status, or status as a victim of domestic violence.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5164B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5164--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the civil practice law and rules, in relation  to  judg-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5011 of  the  civil  practice  law  and  rules,  as
 amended  by  section 52 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   § 5011. Definition and content of judgment. A judgment is the determi-
 nation of the rights of the parties in an action or  special  proceeding
 and may be either interlocutory or final. A judgment shall refer to, and
 state the result of, the verdict or decision, or recite the default upon
 which  it  is  based.  A  judgment may direct that property be paid into
 court when the party would not have the benefit or  use  or  control  of
 such  property  or  where  special  circumstances make it desirable that
 payment or delivery to the party entitled  to  it  should  be  withheld.
 ESTIMATIONS,  MEASURES,  OR  CALCULATIONS  OF  PAST,  PRESENT, OR FUTURE
 DAMAGES FOR LOST EARNINGS OR IMPAIRED EARNING  CAPACITY  RESULTING  FROM
 PERSONAL  INJURY  OR  WRONGFUL DEATH SHALL NOT BE REDUCED BASED ON RACE,
 CREED, COLOR, NATIONAL  ORIGIN,  RELIGION,  SEXUAL  ORIENTATION,  GENDER
 IDENTITY  OR  EXPRESSION, MILITARY STATUS, SEX, FAMILIAL STATUS, MARITAL
 STATUS, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE. In  any  case  where
 damages are awarded to an inmate serving a sentence of imprisonment with
 the  state  department  of corrections and community supervision or to a
 prisoner confined at a local correctional facility, the court shall give
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09807-06-0

 S. 5164--B                          2
 
 prompt written notice to the office of victim services, and at the  same
 time shall direct that no payment be made to such inmate or prisoner for
 a  period  of  thirty  days  following  the  date  of entry of the order
 containing such direction.
   § 2. This act shall take effect immediately.

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Senate Bill S5164B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Feb 25, 2020 - Judiciary Committee Vote

Judiciary Committee Vote: Feb 25, 2020

Bill Amendments

2019-S5164 - Details

2019-S5164 - Summary

2019-S5164 - Sponsor Memo

2019-S5164 - Bill Text download pdf

2019-S5164A - Details

2019-S5164A - Summary

2019-S5164A - Sponsor Memo

2019-S5164A - Bill Text download pdf

2019-S5164B (ACTIVE) - Details

2019-S5164B (ACTIVE) - Summary

2019-S5164B (ACTIVE) - Sponsor Memo

2019-S5164B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5164B

Share this bill

Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2019-S5164 - Details

2019-S5164 - Summary

2019-S5164 - Sponsor Memo

2019-S5164 - Bill Text download pdf

2019-S5164A - Details

2019-S5164A - Summary

2019-S5164A - Sponsor Memo

2019-S5164A - Bill Text download pdf

2019-S5164B (ACTIVE) - Details

2019-S5164B (ACTIVE) - Summary

2019-S5164B (ACTIVE) - Sponsor Memo

2019-S5164B (ACTIVE) - Bill Text download pdf

Comments