senate Bill S383

2011-2012 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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Sponsored By

Archive: Last Bill Status -


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

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S383 - Details

See Assembly Version of this Bill:
A3689
Law Section:
Civil Rights Law
Laws Affected:
Add ยง16, Civ Rts L
Versions Introduced in 2009-2010 Legislative Session:
S2833, A3651

S383 - 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.

S383 - Sponsor Memo

S383 - Bill Text download pdf

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

                                   383

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER,  BRESLIN, DIAZ, DUANE, HASSELL-THOMPSON,
  HUNTLEY, PERKINS, STAVISKY, STEWART-COUSINS -- 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 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.
                                                           LBD01046-01-1

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