senate Bill S1287

Waives state's sovereign immunity to liability under the Americans with Disabilities Act of 1990

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Bill Status


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

  • 06 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Waives the state's sovereign immunity to liability for violations of the Americans with Disabilities Act of 1990; also waives the immunity of all instrumentalities and political subdivisions of the state.

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Bill Details

Versions:
S1287
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add ยง16, Civ Rts L
Versions Introduced in 2009-2010 Legislative Cycle:
S1518

Sponsor Memo

BILL NUMBER:S1287

TITLE OF BILL:

An act
to amend the civil rights law, in relation to waiving the state's
sovereign
immunity to claims under
the Americans with Disabilities Act of 1990

PURPOSE OR GENERAL IDEA OF BILL:

This bill waives the State's sovereign immunity with regard to
application of the Americans with Disabilities Act of 1990 as it
applies to the protection of state employees.

SUMMARY OF SPECIFIC PROVISIONS:

This will restore the rights of state employees to sue the State of
New York for damages due to violations of the Americans with
Disabilities Act (ADA). This would allow the State of New York to be
sued in state court for any violation of the ADA's access and
accommodation standards.
This includes failure to accommodate state employees with disabilities
and failure to provide access for the disabled public to government
services, programs and activities.

JUSTIFICATION:

On February 22, 2001, the US Supreme Court ruled in Board of Trustees v.
Garrett that in the enactment of the ADA, US Congress has exceeded its
power to authorize lawsuits by residents against their own states
under the 11th Amendment. However, the ruling allows states to opt to
hold themselves to the standards that were originally set out by the
ADA, prior to that decision by waiving their sovereign immunity and
thereby permitting actions in state courts. This ruling effectively
took away the protection for state workers under the ADA while
upholding the same protection for privately employed individuals,
creating a disparity.
This bill will ensure that all employees, including those employed by
the state, have the same protections under the ADA as they have had
since 1990.

PRIOR LEGISLATIVE HISTORY:

2006: S.7130 (Duane), Died in Codes
2007: S.2315 (Duane), Died in Codes
2008: S.2315 (Duane), Died in Codes
2009: S.1518 (Duane), Died in Codes
2010: S.1518 (Duane), Died in Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

EFFECTIVE DATE:


This act shall take effect on the ninetieth day after it shall have
become law and shall be deemed to have been in full force and effect
on and after February 21, 2001.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1287

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to waiving the state's
  sovereign immunity to claims under the Americans with Disabilities Act
  of 1990

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The civil rights law is amended by adding a new section 16
to read as follows:
  S 16. WAIVER OF STATE IMMUNITY; AMERICANS  WITH  DISABILITIES  ACT  OF
1990.  THE STATE HEREBY WAIVES ITS SOVEREIGN IMMUNITY WITH REGARD TO ALL
CLAIMS, ACTIONS AND PROCEEDINGS BROUGHT PURSUANT TO THE  AMERICANS  WITH
DISABILITIES  ACT  OF 1990 (P.L. 101-336, AS AMENDED). THE PROVISIONS OF
SUCH ACT SHALL APPLY TO THE STATE, AND ANY INSTRUMENTALITY OR  POLITICAL
SUBDIVISION THEREOF.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall be deemed to have been  in  full  force  and
effect on and after February 21, 2001.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01127-01-1

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