New York A 1081: Provides that the state shall take over all of the cost of the safety net program from every county

Bill Text

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A01081 Summary:

BILL NOA01081 

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SAME ASNo Same As

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SPONSORSteck

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COSPNSR

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MLTSPNSR

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Add §79-r, Civ Rts L

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Establishes civil liability for anyone subjecting another person to the deprivation of any rights, privileges or immunities secured by law; establishes that the supreme court shall have jurisdiction over such matters and that the prevailing party shall be awarded reasonable attorney's fees as part of the costs; provides that the state waives sovereign immunity for violations of such law.

Go to top A01081 Actions:

BILL NOA01081 

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01/08/2025referred to governmental operations

01/07/2026referred to governmental operations

01/15/2026enacting clause stricken

Go to topA01081 Committee&nbspVotes:

Go to topA01081 Floor&nbspVotes:

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

Go to topA01081 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1081

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 8, 2025
 ___________

 Introduced by M. of A. STECK -- read once and referred to the Committee
 on Governmental Operations

 AN ACT to amend the civil rights law, in relation to establishing civil
 liability for anyone subjecting another person to the deprivation of
 any rights, privileges or immunities secured by law

 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. Penalties and remedies. 1. Every person who, under color of
 4 any statute, ordinance, regulation, custom, or usage, of this state,
 5 subjects, or causes to be subjected, any citizen of this state or other
 6 person within the jurisdiction thereof to the deprivation of any rights,
 7 privileges, or immunities secured by the constitution and laws of this
 8 state, shall be liable to the party injured in an action at law, suit in
 9 equity, or other proper proceeding for redress, except that in any
 10 action brought against a judicial officer for an act or omission taken
 11 in such officer's judicial capacity, injunctive relief shall not be
 12 granted unless a declaratory decree was violated or declaratory relief
 13 was unavailable.
 14 2. The supreme court shall have jurisdiction over all suits brought
 15 for the vindication of civil rights as provided in subdivision one of
 16 this section. To the extent that the laws of the state furnish a remedy
 17 for the vindication of such civil rights, such laws shall be applied;
 18 but in all cases where such laws are deficient in the provisions neces-
 19 sary to furnish suitable remedies, the common law shall be extended to
 20 and govern the said courts in the trial and disposition of the matter.
 21 The parties in an action brought pursuant to this section shall have the
 22 right to a jury trial. A remedy that does not include the right to a
 23 jury trial or recovery of attorneys' fees and expert fees as provided
 24 herein shall not be considered an adequate remedy.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03044-01-5

 A. 1081 2

 1 3. (a) In any action or proceeding to enforce this section or the
 2 human rights law, the court shall award the prevailing party, other than
 3 the state, a reasonable attorney's fee as part of the costs, except that
 4 in any action brought against a judicial officer for an act or omission
 5 taken in such officer's judicial capacity such officer shall not be held
 6 liable for any costs, including attorneys' fees, unless such action was
 7 clearly in excess of such officer's jurisdiction.
 8 (b) In awarding an attorney's fee under paragraph (a) of this subdivi-
 9 sion in any action or proceeding to enforce a provision of this article,
 10 the court shall include reasonable expert fees as part of the attorney's
 11 fee.
 12 4. This section shall supplement and not displace any jurisdiction
 13 currently existing in the courts or administrative agencies of this
 14 state to the extent that other laws of this state already provide a
 15 remedy for the type of injury referred to in this section.
 16 5. In interpreting this section, the courts may consider the fundamen-
 17 ta