senate Bill S2362

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • 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 08, 2014 referred to codes
Jan 16, 2013 referred to codes

S2362 - Bill Details

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

S2362 - Bill Texts

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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 NUMBER:S2362

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.1516 (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.

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

                                  2362

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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.
                                                           LBD04139-01-3

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