NY State Senate Bill S345

Current 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 (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2023	referred to judiciary delivered to assembly passed senate
Jan 23, 2023	advanced to third reading
Jan 18, 2023	2nd report cal.
Jan 17, 2023	1st report cal.133
Jan 04, 2023	referred to judiciary

Votes

view votes

Jan 25, 2023 - floor Vote

S345

floor

Aye

Nay

Absent

Excused

Abstained

Jan 17, 2023 - Judiciary committee Vote

S345

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S345 (ACTIVE) - Details

See Assembly Version of this Bill:: A65
Current Committee:: Assembly Judiciary
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
2021-2022: S849, A233

S345 (ACTIVE) - Summary

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

S345 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S345

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 discrimination 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 feel comfortable
coming 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 reporting 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:

2021-2022: S849A - Passed Senate, died in Assembly

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.

S345 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    345
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  BROUK, COMRIE, HOYLMAN, KRUEGER, LIU,
   MAYER, RIVERA, SEPULVEDA, 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 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
 of action accrued or two years from the time the plaintiff or the person

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00025-01-3

 S. 345                              2
 
 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 S345

Sponsored By

Current Bill Status - Passed Senate

Your Voice

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Votes

Jan 25, 2023 - floor Vote

Floor Vote: Jan 25, 2023

Jan 17, 2023 - Judiciary committee Vote

Judiciary Committee Vote: Jan 17, 2023

Co-Sponsors

S345 (ACTIVE) - Details

S345 (ACTIVE) - Summary

S345 (ACTIVE) - Sponsor Memo

S345 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S345

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Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 25, 2023 - floor Vote

Floor Vote: Jan 25, 2023

Jan 17, 2023 - Judiciary committee Vote

Judiciary Committee Vote: Jan 17, 2023

Co-Sponsors

S345 (ACTIVE) - Details

S345 (ACTIVE) - Summary

S345 (ACTIVE) - Sponsor Memo

S345 (ACTIVE) - Bill Text download pdf

Comments