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Assembly Bill A5388

2015-2016 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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2015-A5388 (ACTIVE) - Details

See Senate Version of this Bill:
S7026
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Add §16, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3651, S2833
2011-2012: A3689, S383
2013-2014: A828, S3249
2017-2018: A2546, S1522
2019-2020: A1092, S5208
2021-2022: A7121, S1119
2023-2024: A6541, S1164
2025-2026: A2589, S726

2015-A5388 (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 in Employment Act, and the Family and Medical Leave Act; also waives the immunity of all instrumentalities and political subdivisions of the state.

2015-A5388 (ACTIVE) - Bill Text download pdf 

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

                                  5388

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced by M. of A. LIFTON, TITUS, CAHILL, COOK, DINOWITZ, GOTTFRIED,
  ORTIZ,  PAULIN,  RIVERA,  BENEDETTO,  ENGLEBRIGHT,  KAVANAGH,  CUSICK,
  COLTON, BRONSON, PERRY -- Multi-Sponsored  by  --  M.  of  A.  ABBATE,
  ABINANTI,  CLARK,  FARRELL,  GALEF,  GLICK,  JAFFEE,  LUPARDO, MARKEY,
  O'DONNELL, PEOPLES-STOKES -- 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.
                                                           LBD03961-01-5

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