STATE OF NEW YORK ________________________________________________________________________ 1950 2025-2026 Regular Sessions IN SENATE January 14, 2025 ___________ Introduced by Sens. WEBER, BORRELLO -- read twice and ordered printed, and when printed to be committed to the Committee on Ethics and Inter- nal Governance 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] such employee's estate 12 or judicially appointed personal representative and persons who assist 13 the education department or the department of health as consultants or 14 expert witnesses in the investigation or prosecution of alleged profes- 15 sional misconduct, licensure matters, restoration proceedings, or crimi- 16 nal prosecutions for unauthorized practice pursuant to title eight of 17 the 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03326-01-5
S. 1950 2 1 Constitution or laws, is liable to the injured party for legal or equi- 2 table relief or any other appropriate relief. 3 2. It shall not be a defense or immunity to any action that an elected 4 public officer was acting in good faith, or that such public officer 5 believed, reasonably or otherwise, that their conduct was lawful at the 6 time when it was committed. Nor shall it be a defense or immunity that 7 the rights, privileges, or immunities secured by the federal or state 8 Constitution or laws were not clearly established at the time of their 9 deprivation or interference or attempted interference by the defendant, 10 or that the state of the law was otherwise such that the public officer 11 could not reasonably have been expected to know whether their conduct 12 was lawful. 13 3. (a) If an elected public officer acting under color of law that 14 subjects or causes to be subjected any other person to the deprivation 15 of any rights, privileges, or immunities secured by the federal or state 16 Constitution or laws, the attorney general may bring a civil action for 17 legal or equitable relief or other proper redress. The civil action 18 shall be brought in the name of the state and may be brought on behalf 19 of the injured party. A civil action brought by the attorney general 20 shall not foreclose an injured party from bringing their own civil 21 action for legal or equitable relief or other proper redress. A civil 22 action brought by an injured party shall not foreclose the attorney 23 general from bringing a civil action for legal or equitable relief or 24 other proper redress. 25 (b) If the attorney general prevails in an action brought pursuant to 26 this section, the court shall order the distribution of any award of 27 damages to the injured party. 28 4. Statutory immunities and statutory limitations on liability, 29 damages or attorney fees do not apply to claims brought pursuant to this 30 section. 31 § 3. This act shall take effect immediately.