Senate Bill S7105

                                
 
BILL NUMBER: S7105

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the requirements for
filing a complaint with the Division of Human Rights

 
PURPOSE OF THE BILL:

This bill will permit an individual to file a written complaint with the
Division of Human Rights ("Division") either under oath or by declara-
tion.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph I of section 297 of the Executive Law by
deleting the requirement for a verified complaint and instead providing
that a written complaint be made, signed and filed under oath or by
declaration. This section also contains a technical amendment; eliminat-
ing the Chair of the Commission on Quality of Care for the Mentally
              

Disabled from the list of entities that can file a complaint with the
Division, and substituting the Executive Director of the Justice Center
for the Protection of People with Special Needs, as the former agency is
no longer in existence.

Section 2 sets an immediate effective date.

 
EXISTING LAW:

Currently under the Human Rights Law, a verified complaint is required
in order to commence administrative procedures with the Division.

 
JUSTIFICATION:

This bill will simplify procedures for people who are seeking to file
discrimination complaints with the Division. The current requirement
that a complaint be verified compels a person who wishes to file a
complaint to seek out a notary public or other entity authorized to
administer oaths. This is a cumbersome requirement, and while the Divi-
sion makes notary services available free of Charge and permits a
complaint to be notarized during the administrative process if a
complainant is unable to do so beforehand, the requirement may needless-
ly discourage people from filing complaints.

The majority of the over 6000 complaints filed annually with the Divi-
sion are filed by people who utilize the complaint form available on the
Division's website and who file their complaints without the aid of an
attorney. The Division complaint forms will be amended to reflect that a
complaint can either be sworn to before a notary public or other entity
authorized to administer oaths or signed with a declaration that the
complaint is true under penalty of perjury..  This will preserve the
purpose of the verification requirement without posing undue burdens on
the public.

In addition, a technical amendment is required in this section, uncon-
nected to the verification. requirement, to reflect the fact that
Commission on Quality of Care for the Mentally Disabled is no longer in
existence and to substitute the Justice Center for the Protection of
People with Special Needs as an entity that can file a complaint with
the Division.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill

 
BUDGET IMPLICATIONS:

None.

 
LOCAL IMPACT:

None.

 
EFFECTIVE DATE:
Immediate.