Bill Text: NY S03428 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits qualified immunity for public officials; authorizes attorney general enforcement; provides that statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to such claims.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ETHICS AND INTERNAL GOVERNANCE [S03428 Detail]

Download: New_York-2023-S03428-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3428

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Ethics and Internal Gover-
          nance

        AN ACT to amend the public officers  law,  in  relation  to  prohibiting
          qualified immunity for elected public officials

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 1 of section 17 of the  public
     2  officers  law, as amended by chapter 293 of the laws of 1992, is amended
     3  to read as follows:
     4    (a) As used in this section, unless the context otherwise requires the
     5  term "employee" shall mean any person holding a position by  [election,]
     6  appointment  or  employment in the service of the state, including clin-
     7  ical practice pursuant to subdivision fourteen of  section  two  hundred
     8  six of the public health law, whether or not compensated, or a volunteer
     9  expressly  authorized  to  participate  in  a  state-sponsored volunteer
    10  program, but shall not  include  an  independent  contractor.  The  term
    11  employee shall include a former employee, his or her estate or judicial-
    12  ly  appointed  personal representative and persons who assist the educa-
    13  tion department or the department of health  as  consultants  or  expert
    14  witnesses  in  the  investigation or prosecution of alleged professional
    15  misconduct, licensure  matters,  restoration  proceedings,  or  criminal
    16  prosecutions  for  unauthorized  practice pursuant to title eight of the
    17  education law or title II-A of article two of the public health law.
    18    § 2. The public officers law is amended by adding a new  section  17-b
    19  to read as follows:
    20    §  17-b.  Civil  action;  elected  official;  qualified immunity not a
    21  defense. 1. An elected public official acting under  color  of  law  who
    22  subjects  or  causes to be subjected any other person to the deprivation
    23  of any rights, privileges, or immunities secured by the federal or state

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08126-01-3
        S. 3428                             2

     1  Constitution or laws, is liable to the injured party for legal or  equi-
     2  table relief or any other appropriate relief.
     3    2. It shall not be a defense or immunity to any action that an elected
     4  public  officer  was  acting  in good faith, or that such public officer
     5  believed, reasonably or otherwise, that their conduct was lawful at  the
     6  time  when  it was committed. Nor shall it be a defense or immunity that
     7  the rights, privileges, or immunities secured by the  federal  or  state
     8  Constitution  or  laws were not clearly established at the time of their
     9  deprivation or interference or attempted interference by the  defendant,
    10  or  that the state of the law was otherwise such that the public officer
    11  could not reasonably have been expected to know  whether  their  conduct
    12  was lawful.
    13    3.  (a)  If  an  elected public officer acting under color of law that
    14  subjects or causes to be subjected any other person to  the  deprivation
    15  of any rights, privileges, or immunities secured by the federal or state
    16  Constitution  or laws, the attorney general may bring a civil action for
    17  legal or equitable relief or other  proper  redress.  The  civil  action
    18  shall  be  brought in the name of the state and may be brought on behalf
    19  of the injured party. A civil action brought  by  the  attorney  general
    20  shall  not  foreclose  an  injured  party  from bringing their own civil
    21  action for legal or equitable relief or other proper  redress.  A  civil
    22  action  brought  by  an  injured  party shall not foreclose the attorney
    23  general from bringing a civil action for legal or  equitable  relief  or
    24  other proper redress.
    25    (b)  If the attorney general prevails in an action brought pursuant to
    26  this section, the court shall order the distribution  of  any  award  of
    27  damages to the injured party.
    28    4.  Statutory  immunities  and  statutory  limitations  on  liability,
    29  damages or attorney fees do not apply to claims brought pursuant to this
    30  section.
    31    § 3. This act shall take effect immediately.