NY State Senate Bill S849A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (21)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2022	ordered to third reading cal.587 substituted for a233a
Mar 01, 2022	referred to codes delivered to assembly passed senate
Feb 08, 2022	advanced to third reading
Feb 07, 2022	2nd report cal.
Feb 03, 2022	1st report cal.433
Jan 11, 2022	reported and committed to finance
Jan 05, 2022	referred to judiciary returned to senate died in assembly
May 25, 2021	referred to judiciary delivered to assembly passed senate
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1081
May 13, 2021	print number 849a
May 13, 2021	amend (t) and recommit to judiciary
Jan 06, 2021	referred to judiciary

Votes

view votes

Mar 1, 2022 - floor Vote

S849A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 3, 2022 - Finance committee Vote

S849A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 11, 2022 - Judiciary committee Vote

S849A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 25, 2021 - floor Vote

S849A

floor

Aye

Nay

Absent

Excused

Abstained

May 18, 2021 - Judiciary committee Vote

S849A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S849 - Details

See Assembly Version of this Bill:: A233
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §213, CPLR
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11293
2019-2020: S6322, A304
2023-2024: S345, A65

S849 - Summary

Relates to the statute of limitations for actions based on discriminatory practices in employment; establishes action must be commenced within six years.

S849 - Sponsor Memo

 
BILL NUMBER: S849

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to the
statute of limitations for actions based on harassment in the workplace

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would extend the statute of limitations for harassment in the
workplace to six years.

 
SUMMARY OF PROVISIONS:

Section one amends section 213 of the civil practice law and rules.

Section two sets forth the effective date.

 
JUSTIFICATION:

Current state law sets forth a three-year statute of limitations for
cases of workplace discrimination, including discrimination in the form
of harassment. Though this statute of limitations is longer than the
180-300 day statute required under federal law, it is still not long
enough for many victims of harassment who fear losing their job or being
penalized for coming forward.

Workplace harassment may be based on race, sex, religion, gender, sexual
orientation, nationality, age, disability or other characteristics and
includes both verbal and physical behavior.  Despite being unlawful
under both state and federal law, workplace harassment still occurs
daily in the form of offensive jokes, name-calling, intimidation, sexual
advances and more.

Those who are victims of workplace harassment may not come forward or
file complaints for quite some time after the first instance occurs.
Oftentimes this is due to a fear of not being believed, losing their
job, being denied advancement, or otherwise being penalized for report-
ing these behaviors. This bill would better protect those who have been
victimized by workplace harassment by doubling the amount of time they
have to file a claim in court to six years.

 
PRIOR LEGISLATIVE HISTORY:

2020: S6322 - Referred to Judiciary
2019: S6322 - Referred to Rules
2017-18: A.11293 - Referred to Judiciary

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S849 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    849
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, LIU, BIAGGI, GAUGHRAN, HOYLMAN, KRUEGER,
   SKOUFIS -- 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 the
   statute of limitations for actions based on harassment  in  the  work-
   place
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivisions 7, 8 and 9 of  section
 213  of the civil practice law and rules, the section heading as amended
 and subdivision 7 as renumbered by chapter  43  of  the  laws  of  1975,
 subdivision  7 as amended by chapter 532 of the laws of 1963, and subdi-
 vision 8 as amended by chapter 403 of the laws of 2004, and  subdivision
 9  as  added  by  chapter  184 of the laws of 2019 are amended and a new
 subdivision 10 is added to read as follows:
   Actions to be commenced within six years: where not otherwise provided
 for; on contract; on sealed instrument; on bond or  note,  and  mortgage
 upon real property; by state based on misappropriation of public proper-
 ty; based on mistake; by corporation against director, officer or stock-
 holder; based on fraud; BASED ON HARASSMENT IN THE WORKPLACE.
   7.  an  action  by  or on behalf of a corporation against a present or
 former director, officer or stockholder for an accounting, or to procure
 a judgment on the ground of fraud, or to enforce a liability, penalty or
 forfeiture, or to recover damages for waste or for an injury to property
 or for an accounting in conjunction therewith[.];
   8. an action based upon fraud; the time within which the  action  must
 be  commenced  shall be the greater of six years from the date the cause
 of action accrued or two years from the time the plaintiff or the person
 under whom the plaintiff claims discovered  the  fraud,  or  could  with
 reasonable diligence have discovered it[.];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00329-01-1

 S. 849                              2
 
   9.   an   action   by   the   attorney  general  pursuant  to  article
 twenty-three-A of the general business  law  or  subdivision  twelve  of
 section sixty-three of the executive law[.];
   10.  AN  ACTION BASED UPON HARASSMENT IN THE WORKPLACE PURSUANT TO THE
 CIVIL RIGHTS LAW OR THE HUMAN RIGHTS LAW.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

Co-Sponsors

view additional co-sponsors

S849A (ACTIVE) - Details

See Assembly Version of this Bill:: A233
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §213, CPLR
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11293
2019-2020: S6322, A304
2023-2024: S345, A65

S849A (ACTIVE) - Summary

Relates to the statute of limitations for actions based on discriminatory practices in employment; establishes action must be commenced within six years.

S849A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S849A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to the
statute of limitations for actions based upon unlawful discriminatory
practice in employment

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would extend the statute of limitations for harassment in the
workplace to six years.

 
SUMMARY OF PROVISIONS:

Section one amends section 213 of the civil practice law and rules.

Section two sets forth the effective date.

 
JUSTIFICATION:

Current state law sets forth a three-year statute of limitations for
cases of workplace discrimination, including discrimination in the form
of harassment. Though this statute of limitations is longer than the
180-300 day statute required under federal law, it is still not long
enough for many victims of harassment who fear losing their job or being
penalized for coming forward.

Workplace harassment may be based on race, sex, religion, gender, sexual
orientation, nationality, age, disability or other characteristics and
includes both verbal and physical behavior.  Despite being unlawful
under both state and federal law, workplace harassment still occurs
daily in the form of offensive jokes, name-calling, intimidation, sexual
advances and more.

Those who are victims of workplace harassment may not come forward or
file complaints for quite some time after the first instance occurs.
Oftentimes this is due to a fear of not being believed, losing their
job, being denied advancement, or otherwise being penalized for report-
ing these behaviors. This bill would better protect those who have been
victimized by workplace harassment by doubling the amount of time they
have to file a claim in court to six years.

 
PRIOR LEGISLATIVE HISTORY:

2020: S6322 - Referred to Judiciary

2019: S6322 - Referred to Rules

2017-18: A.11293 - Referred to Judiciary

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S849A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  849--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  LIU, BIAGGI, BROUK, COMRIE, GAUGHRAN,
   HOYLMAN, KRUEGER, MAYER, RIVERA, SEPULVEDA, SKOUFIS -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Judiciary -- 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 the
   statute of limitations for actions based upon unlawful  discriminatory
   practice in employment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivisions 7, 8 and 9 of  section
 213  of the civil practice law and rules, the section heading as amended
 and subdivision 7 as renumbered by chapter  43  of  the  laws  of  1975,
 subdivision  7 as amended by chapter 532 of the laws of 1963, and subdi-
 vision 8 as amended by chapter 403 of the laws of 2004, and  subdivision
 9  as  added  by  chapter  184 of the laws of 2019 are amended and a new
 subdivision 10 is added to read as follows:
   Actions to be commenced within six years: where not otherwise provided
 for; on contract; on sealed instrument; on bond or  note,  and  mortgage
 upon real property; by state based on misappropriation of public proper-
 ty; based on mistake; by corporation against director, officer or stock-
 holder;  based  on fraud; BASED UPON UNLAWFUL DISCRIMINATORY PRACTICE IN
 EMPLOYMENT.
   7. an action by or on behalf of a corporation  against  a  present  or
 former director, officer or stockholder for an accounting, or to procure
 a judgment on the ground of fraud, or to enforce a liability, penalty or
 forfeiture, or to recover damages for waste or for an injury to property
 or for an accounting in conjunction therewith[.];
   8.  an  action based upon fraud; the time within which the action must
 be commenced shall be the greater of six years from the date  the  cause
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00329-02-1

 S. 849--A                           2
 
 of action accrued or two years from the time the plaintiff or the person
 under  whom  the  plaintiff  claims  discovered the fraud, or could with
 reasonable diligence have discovered it[.];
   9.   an   action   by   the   attorney  general  pursuant  to  article
 twenty-three-A of the general business  law  or  subdivision  twelve  of
 section sixty-three of the executive law[.];
   10.  AN  ACTION BASED UPON UNLAWFUL DISCRIMINATORY PRACTICE IN EMPLOY-
 MENT PURSUANT TO ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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The New York State Senate

senate Bill S849A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 1, 2022 - floor Vote

Floor Vote: Mar 1, 2022

Feb 3, 2022 - Finance committee Vote

Finance Committee Vote: Feb 3, 2022

Jan 11, 2022 - Judiciary committee Vote

Judiciary Committee Vote: Jan 11, 2022

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

May 18, 2021 - Judiciary committee Vote

Judiciary Committee Vote: May 18, 2021

Bill Amendments

Co-Sponsors

S849 - Details

S849 - Summary

S849 - Sponsor Memo

S849 - Bill Text download pdf

Co-Sponsors

S849A (ACTIVE) - Details

S849A (ACTIVE) - Summary

S849A (ACTIVE) - Sponsor Memo

S849A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S849A

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 1, 2022 - floor Vote

Floor Vote: Mar 1, 2022

Feb 3, 2022 - Finance committee Vote

Finance Committee Vote: Feb 3, 2022

Jan 11, 2022 - Judiciary committee Vote

Judiciary Committee Vote: Jan 11, 2022

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

May 18, 2021 - Judiciary committee Vote

Judiciary Committee Vote: May 18, 2021

Bill Amendments

Co-Sponsors

S849 - Details

S849 - Summary

S849 - Sponsor Memo

S849 - Bill Text download pdf

Co-Sponsors

S849A (ACTIVE) - Details

S849A (ACTIVE) - Summary

S849A (ACTIVE) - Sponsor Memo

S849A (ACTIVE) - Bill Text download pdf

Comments