NY State Senate Bill 2023-S3428

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to ethics and internal governance
Jan 31, 2023	referred to ethics and internal governance

co-Sponsors

2023-S3428 (ACTIVE) - Details

See Assembly Version of this Bill:: A6714
Current Committee:: Senate Ethics And Internal Governance
Law Section:: Public Officers Law
Laws Affected:: Amd §17, add §17-b, Pub Off L
Versions Introduced in 2021-2022 Legislative Session:: A8130

2023-S3428 (ACTIVE) - Summary

Prohibits qualified immunity for public officials; authorizes attorney general enforcement; provides that statutory immunities and statutory limitations on liability, damages or attorney fees do not apply to such claims.

2023-S3428 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3428

SPONSOR: WEBER
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting
qualified immunity for elected public officials

 
PURPOSE:

To prohibit qualified immunity for public officials

 
SUMMARY OF PROVISIONS:

Section 1: amends paragraph (a) of subdivision 1 of section 17 of the
public officers law

Section 2: adds section 17-b to the public officers law

Section 3: provides the effective date

JUSTIFICATION:

Currently, there is a bill before the legislature to remove qualified
immunity from law enforcement officers. This bill is designed to take
away necessary legal protections for those law enforcement officers who
are enforcing the laws and policies enacted by elected officials across
the state. There are already exemptions to a defense of qualified immu-
nity under the law for those officers who violate the law or abuse their
authority.

If we are subjecting law enforcement officers to having their qualified
immunity revoked, then so too should elected officials.  Under current
law, elected officials rely on qualified immunity as adefense to avoid
being held legally accountable for the economic devastation their poli-
cies wreak on businesses or the disastrous impact their policies have on
individual civil liberties all across New York State.

Under this bill, elected officials would no longer be able to rely on
qualified immunity as a defense and could be held financially liable in
the courts of law for the negative impact their laws and policies have
on businesses and individuals.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2023-S3428 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3428
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 AN ACT to amend the public officers  law,  in  relation  to  prohibiting
   qualified immunity for elected public officials

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section 17 of the  public
 officers  law, as amended by chapter 293 of the laws of 1992, is amended
 to read as follows:
   (a) As used in this section, unless the context otherwise requires the
 term "employee" shall mean any person holding a position by  [election,]
 appointment  or  employment in the service of the state, including clin-
 ical practice pursuant to subdivision fourteen of  section  two  hundred
 six of the public health law, whether or not compensated, or a volunteer
 expressly  authorized  to  participate  in  a  state-sponsored volunteer
 program, but shall not  include  an  independent  contractor.  The  term
 employee shall include a former employee, his OR HER estate or judicial-
 ly  appointed  personal representative and persons who assist the educa-
 tion department or the department of health  as  consultants  or  expert
 witnesses  in  the  investigation or prosecution of alleged professional
 misconduct, licensure  matters,  restoration  proceedings,  or  criminal
 prosecutions  for  unauthorized  practice pursuant to title eight of the
 education law or title II-A OF ARTICLE TWO of the public health law.
   § 2. The public officers law is amended by adding a new  section  17-b
 to read as follows:
   §  17-B.  CIVIL  ACTION;  ELECTED  OFFICIAL;  QUALIFIED IMMUNITY NOT A
 DEFENSE. 1. AN ELECTED PUBLIC OFFICIAL ACTING UNDER  COLOR  OF  LAW  WHO
 SUBJECTS  OR  CAUSES TO BE SUBJECTED ANY OTHER PERSON TO THE DEPRIVATION
 OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE FEDERAL OR STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08126-01-3
 S. 3428                             2

 
 CONSTITUTION OR LAWS, IS LIABLE TO THE INJURED PARTY FOR LEGAL OR  EQUI-
 TABLE RELIEF OR ANY OTHER APPROPRIATE RELIEF.
   2. IT SHALL NOT BE A DEFENSE OR IMMUNITY TO ANY ACTION THAT AN ELECTED
 PUBLIC  OFFICER  WAS  ACTING  IN GOOD FAITH, OR THAT SUCH PUBLIC OFFICER
 BELIEVED, REASONABLY OR OTHERWISE, THAT THEIR CONDUCT WAS LAWFUL AT  THE
 TIME  WHEN  IT WAS COMMITTED. NOR SHALL IT BE A DEFENSE OR IMMUNITY THAT
 THE RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE  FEDERAL  OR  STATE
 CONSTITUTION  OR  LAWS WERE NOT CLEARLY ESTABLISHED AT THE TIME OF THEIR
 DEPRIVATION OR INTERFERENCE OR ATTEMPTED INTERFERENCE BY THE  DEFENDANT,
 OR  THAT THE STATE OF THE LAW WAS OTHERWISE SUCH THAT THE PUBLIC OFFICER
 COULD NOT REASONABLY HAVE BEEN EXPECTED TO KNOW  WHETHER  THEIR  CONDUCT
 WAS LAWFUL.
   3.  (A)  IF  AN  ELECTED PUBLIC OFFICER ACTING UNDER COLOR OF LAW THAT
 SUBJECTS OR CAUSES TO BE SUBJECTED ANY OTHER PERSON TO  THE  DEPRIVATION
 OF ANY RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE FEDERAL OR STATE
 CONSTITUTION  OR LAWS, THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION FOR
 LEGAL OR EQUITABLE RELIEF OR OTHER  PROPER  REDRESS.  THE  CIVIL  ACTION
 SHALL  BE  BROUGHT IN THE NAME OF THE STATE AND MAY BE BROUGHT ON BEHALF
 OF THE INJURED PARTY. A CIVIL ACTION BROUGHT  BY  THE  ATTORNEY  GENERAL
 SHALL  NOT  FORECLOSE  AN  INJURED  PARTY  FROM BRINGING THEIR OWN CIVIL
 ACTION FOR LEGAL OR EQUITABLE RELIEF OR OTHER PROPER  REDRESS.  A  CIVIL
 ACTION  BROUGHT  BY  AN  INJURED  PARTY SHALL NOT FORECLOSE THE ATTORNEY
 GENERAL FROM BRINGING A CIVIL ACTION FOR LEGAL OR  EQUITABLE  RELIEF  OR
 OTHER PROPER REDRESS.
   (B)  IF THE ATTORNEY GENERAL PREVAILS IN AN ACTION BROUGHT PURSUANT TO
 THIS SECTION, THE COURT SHALL ORDER THE DISTRIBUTION  OF  ANY  AWARD  OF
 DAMAGES TO THE INJURED PARTY.
   4.  STATUTORY  IMMUNITIES  AND  STATUTORY  LIMITATIONS  ON  LIABILITY,
 DAMAGES OR ATTORNEY FEES DO NOT APPLY TO CLAIMS BROUGHT PURSUANT TO THIS
 SECTION.
   § 3. This act shall take effect immediately.

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Senate Bill S3428

Sponsored By

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

co-Sponsors

2023-S3428 (ACTIVE) - Details

2023-S3428 (ACTIVE) - Summary

2023-S3428 (ACTIVE) - Sponsor Memo

2023-S3428 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3428

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Sponsored By

Bill Weber

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

co-Sponsors

George M. Borrello

2023-S3428 (ACTIVE) - Details

2023-S3428 (ACTIVE) - Summary

2023-S3428 (ACTIVE) - Sponsor Memo

2023-S3428 (ACTIVE) - Bill Text download pdf

Comments