Bill Text: NY A08130 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-05-09 - held for consideration in governmental operations [A08130 Detail]

Download: New_York-2021-A08130-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8130

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 11, 2021
                                       ___________

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

        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:

     1    Section  1. Paragraph (a) of subdivision 1 of section 17 of the public
     2  officers law, as amended by chapter 293 of the laws of 1992, is  amended
     3  to read as follows:
     4    (a) As used in this section, unless the context otherwise requires the
     5  term  "employee" shall mean any person holding a position by [election,]
     6  appointment or employment in the service of the state,  including  clin-
     7  ical  practice  pursuant  to subdivision fourteen of section two hundred
     8  six of the public health law, whether or not compensated, or a volunteer
     9  expressly authorized  to  participate  in  a  state-sponsored  volunteer
    10  program,  but  shall  not  include  an  independent contractor. The term
    11  employee shall include a former employee, his or her estate or judicial-
    12  ly appointed personal representative and persons who assist  the  educa-
    13  tion  department  or  the  department of health as consultants or expert
    14  witnesses in the investigation or prosecution  of  alleged  professional
    15  misconduct,  licensure  matters,  restoration  proceedings,  or criminal
    16  prosecutions for unauthorized practice pursuant to title  eight  of  the
    17  education law or title II-A of article two of the public health law.
    18    §  2.  The public officers law is amended by adding a new section 17-b
    19  to read as follows:
    20    § 17-b. Civil action;  elected  official;  qualified  immunity  not  a
    21  defense.  1.  An  elected  public official acting under color of law who
    22  subjects or causes to be subjected any other person to  the  deprivation
    23  of any rights, privileges, or immunities secured by the federal or state
    24  Constitution  or laws, is liable to the injured party for legal or equi-
    25  table relief or any other appropriate relief.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11109-01-1
        A. 8130                             2

     1    2. It shall not be a defense or immunity to any action that an elected
     2  public officer was acting in good faith, or  that  such  public  officer
     3  believed,  reasonably or otherwise, that their conduct was lawful at the
     4  time when it was committed. Nor shall it be a defense or  immunity  that
     5  the  rights,  privileges,  or immunities secured by the federal or state
     6  Constitution or laws were not clearly established at the time  of  their
     7  deprivation  or interference or attempted interference by the defendant,
     8  or that the state of the law was otherwise such that the public  officer
     9  could  not  reasonably  have been expected to know whether their conduct
    10  was lawful.
    11    3. (a) If an elected public officer acting under  color  of  law  that
    12  subjects  or  causes to be subjected any other person to the deprivation
    13  of any rights, privileges, or immunities secured by the federal or state
    14  Constitution or laws, the attorney general may bring a civil action  for
    15  legal  or  equitable  relief  or  other proper redress. The civil action
    16  shall be brought in the name of the state and may be brought  on  behalf
    17  of  the  injured  party.  A civil action brought by the attorney general
    18  shall not foreclose an injured  party  from  bringing  their  own  civil
    19  action  for  legal  or equitable relief or other proper redress. A civil
    20  action brought by an injured party  shall  not  foreclose  the  attorney
    21  general  from  bringing  a civil action for legal or equitable relief or
    22  other proper redress.
    23    (b) If the attorney general prevails in an action brought pursuant  to
    24  this  section,  the  court  shall order the distribution of any award of
    25  damages to the injured party.
    26    4.  Statutory  immunities  and  statutory  limitations  on  liability,
    27  damages or attorney fees do not apply to claims brought pursuant to this
    28  section.
    29    § 3. This act shall take effect immediately.