Bill S1287-2011

Waives state's sovereign immunity to liability under the Americans with Disabilities Act of 1990

Waives the state's sovereign immunity to liability for violations of the Americans with Disabilities Act of 1990; also waives the immunity of all instrumentalities and political subdivisions of the state.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 6, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1287

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

This bill waives the State's sovereign immunity with regard to application of the Americans with Disabilities Act of 1990 as it applies to the protection of state employees.

SUMMARY OF SPECIFIC PROVISIONS:

This will restore the rights of state employees to sue the State of New York for damages due to violations of the Americans with Disabilities Act (ADA). This would allow the State of New York to be sued in state court for any violation of the ADA's access and accommodation standards. This includes failure to accommodate state employees with disabilities and failure to provide access for the disabled public to government services, programs and activities.

JUSTIFICATION:

On February 22, 2001, the US Supreme Court ruled in Board of Trustees v. Garrett that in the enactment of the ADA, US Congress has exceeded its power to authorize lawsuits by residents against their own states under the 11th Amendment. However, the ruling allows states to opt to hold themselves to the standards that were originally set out by the ADA, prior to that decision by waiving their sovereign immunity and thereby permitting actions in state courts. This ruling effectively took away the protection for state workers under the ADA while upholding the same protection for privately employed individuals, creating a disparity. This bill will ensure that all employees, including those employed by the state, have the same protections under the ADA as they have had since 1990.

PRIOR LEGISLATIVE HISTORY:

2006: S.7130 (Duane), Died in Codes 2007: S.2315 (Duane), Died in Codes 2008: S.2315 (Duane), Died in Codes 2009: S.1518 (Duane), Died in Codes 2010: S.1518 (Duane), Died in Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have become law and shall be deemed to have been in full force and effect on and after February 21, 2001.


Text

STATE OF NEW YORK ________________________________________________________________________ 1287 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
Introduced by Sen. DUANE -- 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 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: S 16. WAIVER OF STATE IMMUNITY; AMERICANS WITH DISABILITIES ACT OF 1990. THE STATE HEREBY WAIVES ITS SOVEREIGN IMMUNITY WITH REGARD TO ALL CLAIMS, ACTIONS AND PROCEEDINGS BROUGHT PURSUANT TO THE AMERICANS WITH DISABILITIES ACT OF 1990 (P.L. 101-336, AS AMENDED). THE PROVISIONS OF SUCH ACT SHALL APPLY TO THE STATE, AND ANY INSTRUMENTALITY OR POLITICAL SUBDIVISION THEREOF. S 2. This act shall take effect on the ninetieth day after it shall have become a law and shall be deemed to have been in full force and effect on and after February 21, 2001.

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