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Assembly Bill A1092

2019-2020 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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2019-A1092 (ACTIVE) - Details

See Senate Version of this Bill:
S5208
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
2015-2016: A5388, S7026
2017-2018: A2546, S1522
2021-2022: A7121, S1119
2023-2024: A6541, S1164
2025-2026: A2589, S726

2019-A1092 (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.

2019-A1092 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1092
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. LIFTON, TITUS, CAHILL, COOK, DINOWITZ, GOTTFRIED,
   ORTIZ,  PAULIN,  RIVERA, BENEDETTO, ENGLEBRIGHT, CUSICK, COLTON, BRON-
   SON, PERRY, SIMON, MOSLEY, SEAWRIGHT, STECK, WILLIAMS  --  Multi-Spon-
   sored  by -- M. of A. ABBATE, ABINANTI, GALEF, GLICK, HYNDMAN, JAFFEE,
   LUPARDO, 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:
   § 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.
   §  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.
                                                            LBD01824-01-9

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