Bill Text: NY A01092 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 36-0)

Status: (Engrossed - Dead) 2020-01-29 - REFERRED TO CODES [A01092 Detail]

Download: New_York-2019-A01092-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1092
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section  1. The civil rights law is amended by adding a new section 16
     2  to read as follows:
     3    § 16. Waiver of state immunity.  The state hereby waives its sovereign
     4  immunity with regard to all  claims,  actions  and  proceedings  brought
     5  pursuant  to  the  federal Americans with Disabilities Act of 1990 (P.L.
     6  101-336, as amended), the federal Fair Labor Standards Act of 1938,  the
     7  federal  Age  Discrimination  in Employment Act of 1967, and the federal
     8  Family and Medical Leave Act.  The provisions of such acts  shall  apply
     9  to the state, and any instrumentality or political subdivision thereof.
    10    §  2.  This  act  shall take effect immediately and shall be deemed to
    11  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