92nd General Assembly
Summary of HB3772
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House Sponsors:
CURRIE-BERNS-RIGHTER AND DART.

Senate Sponsors:
PARKER

Short description: 
STATE LAWSUIT IMMUNITY-FED LAW                                             

Synopsis of Bill as introduced:
        Amends the State Lawsuit Immunity Act. Provides that an employee,      
   former employee, or prospective employee of the State who is aggrieved      
   by any  conduct  or  action  or  inaction  of  the  State  that  would      
   constitute a violation of the federal Age Discrimination in Employment      
   Act  of 1967, the federal Family and Medical Leave Act, or the federal      
   Americans with Disabilities Act of  1990  may  bring  a  civil  action      
   against  the  State  for  legal  or equitable relief to effectuate the      
   purposes of those Acts. Provides that an employee of the State who  is      
   aggrieved by any conduct or action or inaction of the State that would      
   constitute a violation of the federal Fair Labor Standards Act of 1938      
   may  bring  a  civil  action  against the State for legal or equitable      
   relief to effectuate the purposes of that Act.                              
          FISCAL NOTE (Office of Attorney General)                             
          There would be an annual cost of $260,000 for costs associated       
          with four new Assistant Attorneys General to litigate, as well       
          as an estimated $50,000 annually for court reporting expenses        
          for depositions and trial, expenses of expert witnesses and          
          other litigation expenses.                                           
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that the civil action against the  State  based  on  the      
   laws  specified  in the introduced bill may be brought in any State or      
   federal  court  of  competent  jurisdiction.  Also  provides  that  an      
   employee, former employee, or prospective employee of the State who is      
   aggrieved by any conduct or action or inaction of the State that would      
   constitute a violation of Title VII of the Civil Rights Act of 1964 if      
   committed by an employer covered by that Act may bring a civil  action      
   in  any  State  or federal court of competent jurisdiction against the      
   State for legal or equitable relief to effectuate the purposes of that      
   Act.                                                                        
        HOUSE AMENDMENT NO. 2.                                                 
        Provides that an employee  (or,  where  specified,  an  employee,      
   former  employee,  or  prospective  employee)  of  the  State  who  is      
   aggrieved by any conduct or action or inaction of the State that would      
   constitute a violation of one of the specified Acts if committed by an      
   employer  covered  by  that  Act  may  bring  an action under that Act      
   against the State (rather than bringing a civil action in any State or      
   federal court of competent jurisdiction against  the  State  for  such      
   legal  or  equitable  relief  as  will effectuate the purposes of that      
   Act).                                                                       
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 



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