Assembly Bill A7371

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7371
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  waiving  the  state's
   eleventh  amendment sovereign immunity for violations of federal civil
   rights law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 298-b
 to read as follows:
   § 298-B. CIVIL RIGHTS REMEDIES RESTORATION. 1. A VIOLATION OF  SECTION
 FIVE  HUNDRED  FOUR  OF  THE REHABILITATION ACT OF 1973 (29 U.S.C. 794),
 SECTION ONE THOUSAND FIVE HUNDRED FIFTY-SEVEN OF THE PATIENT  PROTECTION
 AND  AFFORDABLE  CARE  ACT  (42 U.S.C. 18116), TITLE II OF THE AMERICANS
 WITH DISABILITIES ACT OF  1990  (42  U.S.C.  12132  ET  SEQ.),  THE  AGE
 DISCRIMINATION  ACT  OF  1975  (42 U.S.C. 6101 ET SEQ.), TITLE IX OF THE
 EDUCATION AMENDMENTS OF 1972 (20 U.S.C. 1681 ET SEQ.), TITLE VI  OF  THE
 CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D ET SEQ.), OR THE PROVISIONS OF
 ANY  OTHER FEDERAL STATUTE PROHIBITING DISCRIMINATION UNDER A PROGRAM OR
 ACTIVITY RECEIVING FEDERAL  FINANCIAL  ASSISTANCE,  SHALL  CONSTITUTE  A
 VIOLATION OF THIS SECTION.
   2.  A  PERSON WHO INJURES ANOTHER BY A VIOLATION OF THIS SECTION SHALL
 BE LIABLE FOR EACH OFFENSE FOR ALL REMEDIES AVAILABLE AT LAW, INCLUDING,
 BUT NOT LIMITED TO, DAMAGES FOR PAST, CURRENT, AND FUTURE MONETARY LOSS-
 ES, EMOTIONAL PAIN, SUFFERING, INCONVENIENCE, MENTAL  ANGUISH,  LOSS  OF
 ENJOYMENT  OF  LIFE,  AND OTHER NON-MONETARY LOSSES, AND ANY AMOUNT THAT
 MAY BE DETERMINED BY A JURY, OR A COURT SITTING WITHOUT A JURY,  BUT  IN
 NO CASE LESS THAN FOUR THOUSAND DOLLARS, AND ANY ATTORNEY'S FEES, COSTS,
 AND  EXPENSES,  INCLUDING,  BUT  NOT LIMITED TO, EXPERT WITNESS FEES, AS
 DETERMINED BY THE COURT.
   3. IN ADDITION TO MONETARY DAMAGES PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION, THE COURT, AS IT DEEMS APPROPRIATE, MAY  GRANT  AS  RELIEF  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11192-01-5
              

 A. 7371                             2
 
 PERMANENT  OR  PRELIMINARY  NEGATIVE  OR MANDATORY INJUNCTION, TEMPORARY
 RESTRAINING ORDER, ORDER OF DECLARATORY JUDGMENT, OR OTHER RELIEF.
   4. CLAIMS FOR A VIOLATION OF THIS SECTION MAY BE FILED IN ANY COURT OF
 COMPETENT  JURISDICTION.  NOTHING IN THIS SECTION SHALL LIMIT ANY RIGHTS
 OR REMEDIES WHICH ARE OTHERWISE AVAILABLE UNDER STATE LAW. FOR THE  SOLE
 PURPOSE  OF  THIS  SECTION,  A  WAIVER OF THE STATE'S ELEVENTH AMENDMENT
 SOVEREIGN IMMUNITY FROM SUIT PURSUANT TO THE ELEVENTH AMENDMENT  OF  THE
 UNITED STATES CONSTITUTION SHALL UPON THE EFFECTIVE DATE OF THIS SECTION
 BE  DEEMED  APPROVED, RATIFIED, VALIDATED, AND CONFIRMED BY THE LEGISLA-
 TURE.
   § 2. This act shall take effect immediately.