New York S 3280: Relates to tax credits for premiums paid for long-term care insurance

Bill Text

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S03280 Summary:

BILL NOS03280 

&nbsp

SAME ASNo Same As

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SPONSORMYRIE

&nbsp

COSPNSRBAILEY, COONEY, HOYLMAN-SIGAL, RIVERA

&nbsp

MLTSPNSR

&nbsp

Add Art 3-A §§30 - 36, Civ Rts L

&nbsp

Relates to filling the void left by the expansive and overbroad applicability of the qualified immunity doctrine that operates as a near absolute shield to civil liability for public officials and ensures that state officials are justly held accountable for violating an individual's rights, privileges and immunities under state law.

Go to top S03280 Actions:

BILL NOS03280 

&nbsp

01/24/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03280 Committee&nbspVotes:

Go to topS03280 Floor&nbspVotes:

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

Go to topS03280 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3280

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sens. MYRIE, BAILEY, COONEY, HOYLMAN-SIGAL, RIVERA -- 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 filling the void
 left by the expansive and overbroad applicability of the qualified
 immunity doctrine that operates as a near absolute shield to civil
 liability for public officials and ensure that state officials are
 justly held accountable for violating an individual's rights, privi-
 leges and immunities under state law

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

 1 Section 1. This act shall be known and may be cited as "The Restoring
 2 Accountability and Civil Equity Act," or The RACE Act.
 3 § 2. The civil rights law is amended by adding a new article 3-A to
 4 read as follows:
 5 ARTICLE 3-A
 6 THE RESTORING ACCOUNTABILITY AND CIVIL EQUITY ACT
 7 Section 30. Liability for rights violations.
 8 31. Proceedings.
 9 32. Burden of proof.
 10 33. Qualified immunity not a defense.
 11 34. Pre-emption.
 12 35. Remedies.
 13 36. Indemnification.
 14 § 30. Liability for rights violations. a. Any person who, under the
 15 color of law, subjects, or causes to be subjected, any person within the
 16 jurisdiction thereof to the deprivation of any rights, privileges, or
 17 immunities secured by the federal or state constitution or laws, or
 18 whose exercise or enjoyment of those rights, privileges or immunities
 19 has been interfered with or attempted to be interfered with, by threats,
 20 intimidation or coercion by a person acting under the color of law,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07720-01-5

 S. 3280 2

 1 shall be liable to the party injured in an action at law, suit in equi-
 2 ty, or other proper proceeding for redress.
 3 b. If the injured party is incapacitated, deceased, or otherwise
 4 unavailable as a matter of law, an action under subdivision a of this
 5 section may be brought by and in the name of the surviving spouse,
 6 child, parent or guardian, or personal representative of the injured
 7 party and on behalf of the spouse, children or parents, or if none of
 8 these survive, on behalf of the injured party's estate.
 9 c. If a person, acting under the color of law, subjects, or causes to
 10 be subjected, any other person the deprivation of any rights, privi-
 11 leges, or immunities secured by the federal or state constitution or
 12 laws, or interferes with or attempts to interfere with the exercise or
 13 enjoyment of those rights, privileges or immunities secured by the
 14 federal or state constitution or laws, by threats, intimidation or coer-
 15 cion, the attorney general may bring a civil action for damages, injunc-
 16 tive relief or other appropriate relief. The civil action shall be
 17 brought in the name of the state and may be brought on behalf of the
 18 injured party. If the attorney general proceeds with and prevails in an
 19 action brought pursuant to this section, the court shall order the
 20 distribution of any award of damages to the injured party and shall
 21 award reasonable attorney's fees and costs to the attorney general.
 22 § 31. Proceedings. a. An action brought pursuant to this article shall
 23 be