Bill Text: NY S05208 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 5208 (Prior Session Legislation)

Introduced

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 4-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05208 Detail]

Download: New_York-2019-S05208-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          5208
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 16, 2019
                                       ___________
        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:
     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