Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 13, 2010 |
signed chap.316 |
Aug 03, 2010 |
delivered to governor |
May 18, 2010 |
returned to assembly passed senate |
May 04, 2010 |
3rd reading cal.431 substituted for s4090 |
May 04, 2010 |
substituted by a2876 |
May 03, 2010 |
advanced to third reading |
Apr 28, 2010 |
2nd report cal. |
Apr 27, 2010 |
1st report cal.431 |
Jan 06, 2010 |
referred to judiciary |
Apr 09, 2009 |
referred to judiciary |
Senate Bill S4090
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status Via A2876 - Signed by Governor
- 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
Votes
2009-S4090 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2876
- Law Section:
- Court of Claims Act
- Laws Affected:
- Amd ยง9, Ct Claims Act
2009-S4090 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4090 TITLE OF BILL : An act to amend the court of claims act, in relation to granting the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions PURPOSE OF BILL : This bill would address the recent Court of Claims decision in Keskin v. State and grant the Court of Claims jurisdiction over whistleblower cases. SUMMARY OF PROVISIONS OF BILL : This bill amends section nine of the court of claims act by adding a new subdivision 13 to provide the Court can hear and determine a claim of any person against the state for a retaliatory personnel action by its officers or employees pursuant to section seventy-five-b of the civil service law or section seven hundred forty of the labor law. JUSTIFICATION : In Keskin v. State (2007), Court of Claims Judge Philip J. Patti noted that the Court of Claims does not have jurisdiction to enforce New York State's whistleblower statutes. He pointed out that the Legislature has done nothing since issue was first highlighted in Taylor v. State 160 Misc.2d 120 (1994). Because of this jurisdictional
2009-S4090 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4090 2009-2010 Regular Sessions I N S E N A T E April 9, 2009 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the court of claims act, in relation to granting the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 9 of the court of claims act is amended by adding a new subdivision 13 to read as follows: 13. TO HEAR AND DETERMINE A CLAIM OF ANY PERSON AGAINST THE STATE FOR A RETALIATORY PERSONNEL ACTION BY ITS OFFICERS OR EMPLOYEES PURSUANT TO SECTION SEVENTY-FIVE-B OF THE CIVIL SERVICE LAW OR SECTION SEVEN HUNDRED FORTY OF THE LABOR LAW. S2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01599-01-9
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