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Assembly Bill A6541

2023-2024 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 Finance Committee

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2023-A6541 (ACTIVE) - Details

See Senate Version of this Bill:
S1164
Current Committee:
Senate Finance
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
2019-2020: A1092, S5208
2021-2022: A7121, S1119
2025-2026: A2589, S726

2023-A6541 (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; waives the immunity of all instrumentalities and political subdivisions of the state.

2023-A6541 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6541
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- 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.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04809-02-3

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