Senate Bill S849

2021-2022 Legislative Session

Relates to the statute of limitations for actions based on employment discrimination

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2021-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

2021-S849 - Summary

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

2021-S849 - Sponsor Memo

2021-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
              

co-Sponsors

2021-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

2021-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.

2021-S849A (ACTIVE) - Sponsor Memo

2021-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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.