|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Sep 10, 2021||referred to rules|
senate Bill S7374
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7374 (ACTIVE) - Details
S7374 (ACTIVE) - Summary
Requires that a claimant alleging that the contents of a website or mobile application that describes goods and services provided at a place of public accommodation constitutes an unlawful discriminatory practice against visually and hearing impaired individuals serve written notice on the owner and provide 60 days to cure the alleged violation prior to commencing an action.
S7374 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7374 SPONSOR: COONEY TITLE OF BILL: An act to amend the executive law, in relation to requiring additional notice prior to commencing an action in certain discrimination cases SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 297 of the executive law to: -require that notice be provided to the owner of a place of accommo- dation, resort or amusement sixty days prior to the commencement of an action alleging that the contents of the website or mobile application that describe such place of accommodation constitute an unlawful discri- minatory practice; and -authorize the owner of a place of accommodation, resort or amusement to respond to the claimant within sixty days of such notice that the alleged violation has been corrected, or did not occur in the first place.
S7374 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7374 2021-2022 Regular Sessions I N S E N A T E September 10, 2021 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to requiring additional notice prior to commencing an action in certain discrimination cases 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 sepa- rately amended by chapter 160 of the laws of 2019 and chapter 236 of the laws of 2020, is amended to read as follows: 9. A. Any person claiming to be aggrieved by an unlawful discriminato- ry practice shall have a cause of action in any court of appropriate jurisdiction for damages, including, in cases of employment discrimi- nation related to private employers and housing discrimination only, punitive damages, and such other remedies as may be appropriate, includ- ing 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 pursuant to the provisions of section two hundred ninety-six-a of this [chapter] ARTICLE, provided that, where the division has dismissed such complaint on the grounds of administrative convenience, on the grounds of untime- liness, 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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