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S4090Senate2009-2010 SessionSame asA2876

Grants the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions

Sponsor John L. SampsonSD-19Affects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A2876

What's happening

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Why it matters

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Who cares

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Sponsors

Primary sponsor
John L. Sampson

Senator · Senate District 19

No co-sponsors yet.

History

  1. Substituted by A2876
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.431
  5. Referred to judiciary
  6. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2876Assembly

Grants the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions

Signed by Governor · Sponsor Helene Weinstein

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the court of claims act, in relation to granting the court of claims jurisdiction to hear and determine claims against the state for retaliatory personnel actions

Purpose of bill

This bill would address the recent Court of Claims decision in Keskin v. State and grant the Court of Claims jurisdiction over whistleblower cases.

Summary of provisions of bill

This bill amends section nine of the court of claims act by adding a new subdivision 13 to provide the Court can hear and determine a claim of any person against the state for a retaliatory personnel action by its officers or employees pursuant to section seventy-five-b of the civil service law or section seven hundred forty of the labor law.

Justification

In Keskin v. State (2007), Court of Claims Judge Philip J. Patti noted that the Court of Claims does not have jurisdiction to enforce New York State's whistleblower statutes. He pointed out that the Legislature has done nothing since issue was first highlighted in Taylor v. State 160 Misc.2d 120 (1994). Because of this jurisdictional defect, Judge Patti reluctantly dismissed the claim by Kimberly Keskin who alleged she was fired from her job because she reported wrongdoing by a Family Court Judge. This legislation would grant the Court of Claims subject matter jurisdiction over any claims alleging violations of section 75-b of the civil service law and section 740 of the labor law, our whistleblower statutes. Presently, whistleblower relief is available in state supreme court and there is no legal justification to preclude such cases in the Court of Claims.

Legislative history

New Bill.

Fiscal implications for state and local governments

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.