senate Bill S7394A

2021-2022 Legislative Session

Preserves the right to a jury trial for certain actions

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
May 23, 2022 amended on third reading 7394a
May 11, 2022 advanced to third reading
May 10, 2022 2nd report cal.
May 09, 2022 1st report cal.1119
Jan 05, 2022 referred to investigations and government operations
Sep 22, 2021 referred to rules

Votes

view votes

May 9, 2022 - Investigations and Government Operations committee Vote

S7394
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 9, 2022

aye wr (2)

S7394 - Details

See Assembly Version of this Bill:
A10388
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L

S7394 - Summary

Preserves the right to a jury trial for actions commenced pursuant to a human rights law that include a demand for equitable relief.

S7394 - Sponsor Memo

S7394 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7394
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 22, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 preserve the right  to
   a jury trial for certain actions
 
   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. 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 employment discrimination
 related to private employers and 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 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.

S7394A (ACTIVE) - Details

See Assembly Version of this Bill:
A10388
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L

S7394A (ACTIVE) - Summary

Preserves the right to a jury trial for actions commenced pursuant to a human rights law that include a demand for equitable relief.

S7394A (ACTIVE) - Sponsor Memo

S7394A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7394--A
     Cal. No. 1119
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 22, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on Investigations and Government Operations in accord-
   ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT to amend the executive law, in relation to preserve the right to
   a jury trial for certain actions
 
   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 chapter 140 of the laws  of  2022,  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  employment  discrimination
 related  to  private employers and 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 pursuant to the
 provisions of section two hundred ninety-six-a of this article, provided
 that, where the division has dismissed such complaint on the grounds  of
 administrative  convenience,  on  the grounds of untimeliness, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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