Senate Bill S1164A

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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Sponsored By

Current Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S1164 - Details

See Assembly Version of this Bill:
A6541
Current Committee:
Senate Finance
Law Section:
Civil Rights Law
Laws Affected:
Add §16, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2833, A3651
2011-2012: S383, A3689
2013-2014: S3249, A828
2015-2016: S7026, A5388
2017-2018: S1522, A2546
2019-2020: S5208, A1092
2021-2022: S1119, A7121

2023-S1164 - 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-S1164 - Sponsor Memo

2023-S1164 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1164
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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:
   § 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.
                                                            LBD04809-01-3



              

co-Sponsors

2023-S1164A (ACTIVE) - Details

See Assembly Version of this Bill:
A6541
Current Committee:
Senate Finance
Law Section:
Civil Rights Law
Laws Affected:
Add §16, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2833, A3651
2011-2012: S383, A3689
2013-2014: S3249, A828
2015-2016: S7026, A5388
2017-2018: S1522, A2546
2019-2020: S5208, A1092
2021-2022: S1119, A7121

2023-S1164A (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-S1164A (ACTIVE) - Sponsor Memo

2023-S1164A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1164--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
                                                            LBD04809-03-3



              

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