New York S 176: Enacts the "truth in spending act"

Bill Text

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 Speaker Carl E. Heastie

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S00176 Summary:

BILL NOS00176 

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SAME ASSAME AS A01402

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SPONSORJACKSON

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COSPNSRSALAZAR, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ,
 HOYLMAN-SIGAL, KAVANAGH, KRUEGER, LIU, MAY, MYRIE, RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO

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MLTSPNSR

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Add §79-r, Civ Rts L

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Provides a civil action for deprivation of rights which is caused by any person or public entity.

Go to top S00176 Actions:

BILL NOS00176 

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01/08/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/16/2025REFERENCE CHANGED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00176 Committee&nbspVotes:

Go to topS00176 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00176 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 176

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. JACKSON, SALAZAR, BAILEY, BRISPORT, BROUK, CLEARE,
 COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, HOYLMAN-SIGAL,
 KAVANAGH, KRUEGER, LIU, MAY, MYRIE, RAMOS, RIVERA, SANDERS, SEPULVEDA,
 SERRANO -- read twice and ordered printed, and when printed to be
 committed to the Committee on Investigations and Government Operations

 AN ACT to amend the civil rights law, in relation to providing a civil
 action for deprivation of rights

 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
 2 79-r to read as follows:
 3 § 79-r. Civil action for deprivation of rights. 1. (a) A person or
 4 public entity acting under color of law that subjects or causes to be
 5 subjected any other person to the deprivation of any rights, privileges,
 6 or immunities secured by the federal or state Constitution or laws, is
 7 liable to the injured party for legal or equitable relief or any other
 8 appropriate relief. For the purposes of this section, a public entity
 9 subjects, or causes to be subjected, any person to the deprivation of
 10 any rights, privileges, or immunities secured by the federal or state
 11 Constitution or laws, by employing any person who violates this section.
 12 (b) Notwithstanding any other law to the contrary, in any action
 13 brought pursuant to this section or the New York human rights law, a
 14 court shall award reasonable attorney fees and costs to a prevailing
 15 plaintiff. For the purposes of this section, the term "prevailing"
 16 includes a plaintiff whose commencement of litigation has acted as a
 17 catalyst to effect change in the defendant's conduct, regardless of
 18 whether that change has been implemented as a result of a judgment in
 19 such plaintiff's favor. When a judgment is entered in favor of a defend-
 20 ant, the court may award reasonable costs and attorney fees to the
 21 defendant only for defending any claims the court finds frivolous.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00968-01-5

 S. 176 2

 1 2. (a) If a person or public entity acting under color of law that
 2 subjects or causes to be subjected any other person to the deprivation
 3 of any rights, privileges, or immunities secured by the federal or state
 4 Constitution or laws, the attorney general may bring a civil action for
 5 legal or equitable relief or other proper redress. The civil action
 6 shall be brought in the name of the state and may be brought on behalf
 7 of the injured party. A civil action brought by the attorney general
 8 shall not foreclose an injured party from bringing their own civil
 9 action for legal or equitable relief or other proper redress. A civil
 10 action brought by an injured party shall not foreclose the attorney
 11 general from bringing a civil action for legal or equitable relief or
 12 other proper redress.
 13 (b) If the attorney general prevails in an action brought pursuant to
 14 this section, the court shall order the distribution of any award of
 15 damages to the injured party.
 16 3. (a) Statutory immunities and statutory limitations on liability,
 17 damages or attorney fees do not apply to claims brought pursuant to this
 18 section.
 19 (b) It shall not be a defense