New York S 8500: Relates to appointing a supervisor to monitor assisted living facilities which have been designated as special focus facilities

Bill Text

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S08500 Summary:

BILL NOS08500B

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SAME ASSAME AS A09076-B

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SPONSORMYRIE

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COSPNSRCLEARE, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH,
 KRUEGER, LIU, MAY, MAYER, RAMOS, RIVERA, RYAN C, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY,
 WEBB

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MLTSPNSR

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Add Art 8-A §85, Civ Rts L

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Establishes a right of action for the deprivation of constitutional rights; provides for compensatory damages, punitive damages, injunctive and declaratory relief, and reasonable attorney's fees.

Go to top S08500 Actions:

BILL NOS08500B

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09/10/2025REFERRED TO RULES

12/05/2025AMEND (T) AND RECOMMIT TO RULES

12/05/2025PRINT NUMBER 8500A

01/07/2026REFERRED TO CODES

02/09/2026AMEND AND RECOMMIT TO CODES

02/09/2026PRINT NUMBER 8500B

Go to topS08500 Committee&nbspVotes:

Go to topS08500 Floor&nbspVotes:

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

Go to topS08500 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8500--B

 2025-2026 Regular Sessions

 IN SENATE

 September 10, 2025
 ___________

 Introduced by Sens. MYRIE, FAHY, FERNANDEZ, GIANARIS, GONZALEZ,
 GOUNARDES, HINCHEY, KAVANAGH, LIU, MAY, MAYER, RAMOS, RIVERA, C. RYAN,
 SALAZAR, SANDERS, STAVISKY, WEBB -- read twice and ordered printed,
 and when printed to be committed to the Committee on Rules -- commit-
 tee discharged, bill amended, ordered reprinted as amended and recom-
 mitted to said committee -- recommitted to the Committee on Codes in
 accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 AN ACT to amend the civil rights law, in relation to enacting the New
 York Civil Rights Act

 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 "New York
 2 Civil Rights Act".
 3 § 2. The civil rights law is amended by adding a new article 8-A to
 4 read as follows:
 5 ARTICLE 8-A
 6 THE NEW YORK CIVIL RIGHTS ACT
 7 Section 85. Action for deprivation of constitutional rights.
 8 § 85. Action for deprivation of constitutional rights. 1. Legislative
 9 intent. The people of the State of New York must be guaranteed meaning-
 10 ful remedies, including but not limited to those provided through the
 11 courts, when their constitutional rights are violated. Recent United
 12 States Supreme Court decisions have curtailed the availability of such
 13 remedies under Bivens v. Six Unknown Named Agents, repeatedly declining
 14 to extend damages actions to new contexts and leaving many victims of
 15 constitutional violations without recourse. Concurrently, the Federal
 16 Tort Claims Act (FTCA), as amended by the Westfall Act, provides the
 17 exclusive avenue for many common-law damages actions against federal
 18 officers acting within the scope of their employment. These developments

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13560-12-6

 S. 8500--B 2

 1 have created a significant remedial void for New Yorkers injured by
 2 unconstitutional conduct.
 3 Therefore, the legislature finds it necessary to provide an avenue for
 4 claims for damages against any federal, state, or local official, who,
 5 acting under color of any federal, state, or local law, deprives a
 6 person of rights secured by the United States Constitution. The West-
 7 fall Act explicitly carves out from the FTCA's exclusive purview "a
 8 civil action against an employee of the Government which is brought for
 9 a violation of the Constitution of the United States." 28 U.S.C. §
 10 2679(b)(2)(A). The plain text of this provision contains no limitation
 11 on the scope of constitutional violations carved out from the FTCA's
 12 exclusive purview, recognizing the well-established principle that
 13 government agents act outside of the scope of their offices when they
 14 violate the Constitution. The legislature intends for this statute to
 15 fall squarely within that provision.
 16 This article does not, nor is intended to, usurp federal authority.
 17 Nor does it discriminate against federal officials. This statute under-
 18 scores the sup