Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to judiciary |
May 18, 2023 |
referred to judiciary |
Senate Bill S7113
2023-2024 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Current Bill Status - In Senate Committee Judiciary Committee
- 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
Actions
2023-S7113 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9425
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§901 & 902, amd RR908 & 909, CPLR
2023-S7113 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7113 SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: An act to amend the civil practice law and rules, in relation to class actions SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends the civil practice law and rules to elim- inate the restriction on class actions involving a penalty or minimum recovery, and adds language expressly permitting class actions against governmental entities. Section 2 of the bill amends the civil practice law and rules to elimi- nate the fixed deadline to move for class certification and direct appointment of counsel in the class certification order. Section 3 of to eliminate exercise its interests of Federal Rule approval. Itthe bill amends section 908 of the civil practice law and rules the mandatory provision of notice and authorize a court to discretion to direct notice where appropriate to protect the the class
2023-S7113 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7113 2023-2024 Regular Sessions I N S E N A T E May 18, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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 class actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision b of section 901 of the civil practice law and rules, as added by chapter 207 of the laws of 1975, is amended to read as follows: b. [Unless a statute creating or imposing a penalty, or a minimum measure of recovery specifically authorizes the recovery thereof in a class action, an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action] ONCE THE OTHER PREREQUISITES UNDER SUBDIVISION A OF THIS SECTION HAVE BEEN SATISFIED, CLASS CERTIFICATION SHALL NOT BE CONSIDERED AN INFERIOR METHOD FOR FAIR AND EFFICIENT ADJUDICATION ON THE GROUNDS THAT THE ACTION INVOLVES A GOVERNMENTAL PARTY OR GOVERNMENTAL OPERATIONS. § 2. Section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975, is amended to read as follows: § 902. Order allowing class action[. Within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether it is to be so maintained] AND APPOINTING CLASS COUNSEL. A. AT AN EARLY PRACTICABLE TIME AFTER A PERSON SUES OR IS SUED AS A CLASS REPRESENTATIVE, THE COURT MUST DETERMINE BY ORDER WHETHER TO CERTIFY THE ACTION AS A CLASS ACTION. An order under this section may be conditional, and may be altered or amended before the decision on the merits on the court's own motion or on motion of the parties. The action may be maintained as a class action only if the court finds that the prerequisites under section 901 OF THIS ARTICLE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11405-01-3 S. 7113 2
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.