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Assembly Bill A3651

2009-2010 Legislative Session

Waives state's sovereign immunity to liability under the Americans with Disabilities Act of 1990 and certain other federal acts

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-A3651 (ACTIVE) - Details

See Senate Version of this Bill:
S2833
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add ยง16, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3689, S383
2013-2014: A828, S3249
2015-2016: A5388, S7026
2017-2018: A2546, S1522
2019-2020: A1092, S5208
2021-2022: A7121, S1119
2023-2024: A6541, S1164
2025-2026: A2589, S726

2009-A3651 (ACTIVE) - Summary

Waives the state's sovereign immunity to liability for violations of the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Age Discrimination Act, and the Family and Medical Leave Act; also waives the immunity of all instrumentalities and political subdivisions of the state.

2009-A3651 (ACTIVE) - Bill Text download pdf 

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

                                  3651

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. LIFTON, TITUS, CAHILL, COOK, DINOWITZ, ESPAILLAT,
  GOTTFRIED,  LANCMAN,  ORTIZ,  PAULIN, J. RIVERA, P. RIVERA, SCHROEDER,
  WEISENBERG, BENEDETTO, ENGLEBRIGHT, FIELDS, KAVANAGH, KELLNER, CUSICK,
  COLTON -- Multi-Sponsored by -- M. of A.  ABBATE,  CANESTRARI,  CLARK,
  GALEF,  GLICK, JACOBS, JAFFEE, JOHN, LATIMER, LUPARDO, MAISEL, MARKEY,
  MAYERSOHN, McENENY, MILLMAN, NOLAN, O'DONNELL,  PEOPLES-STOKES,  PHEF-
  FER,  REILLY,  SWEENEY,  WEINSTEIN  --  read  once and referred to the
  Committee on Governmental Operations

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 Fair Labor Standards Act of 1938, the Age  Discrimination
  in Employment Act of 1967, and the Family and Medical Leave Act

  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.  THE STATE HEREBY WAIVES ITS SOVEREIGN
IMMUNITY  WITH  REGARD  TO  ALL  CLAIMS, ACTIONS AND PROCEEDINGS BROUGHT
PURSUANT TO THE FEDERAL AMERICANS WITH DISABILITIES ACT  OF  1990  (P.L.
101-336,  AS AMENDED), THE FEDERAL FAIR LABOR STANDARDS ACT OF 1938, THE
FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967,  AND  THE  FEDERAL
FAMILY  AND  MEDICAL LEAVE ACT.  THE PROVISIONS OF SUCH ACTS SHALL APPLY
TO THE STATE, AND ANY INSTRUMENTALITY OR POLITICAL SUBDIVISION THEREOF.
  S 2. This act shall take effect immediately 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.
A                                                          LBD06466-01-9

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