senate Bill S2155

Relates to the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 10 / Apr / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO LOCAL GOVERNMENT
  • 16 / Apr / 2013
    • 1ST REPORT CAL.325
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 24 / Apr / 2013
    • SUBSTITUTED BY A1051

Summary

Relates to the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation; amends chapter 500 of the laws of 2012, amending the civil practice law and rules, the general municipal law, the environmental conservation law, the public authorities law, the education law, the mental hygiene law, the private housing finance law, the facilities development corporation act, the administrative code of the city of New York, and chapter 154 of the laws of 1921 relating to the port authority of New York and New Jersey, relating to establishing a uniform process and requirement for the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation, in relation to the effectiveness thereof.

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Bill Details

See Assembly Version of this Bill:
A1051
Versions:
S2155
Legislative Cycle:
2013-2014
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §217-a, CPLR; amd §§50-e, 53, 50-h & 50-i, Gen Muni L; amd §20, NYC Health & Hosp Corp Act; amd §79, Chap 500 of 2012
Versions Introduced in 2013-2014 Legislative Cycle:
A1051

Votes

7
0
7
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S2155

TITLE OF BILL: An act to amend the civil practice law and rules, the
general municipal law and the New York city health and hospitals corpo-
ration act, in relation to the filing of notices of claim prior to the
commencement of a cause of action against any state or municipal entity,
public authority or public benefit corporation; and to amend chapter 500
of the laws of 2012, amending the civil practice law and rules and other
laws, relating to establishing a uniform process and requirement for the
filing of notices of claim prior to the commencement of a cause of
action against any state or municipal entity, public authority or public
benefit corporation, in relation to the effectiveness thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill makes technical corrections
to chapter 500 of the laws of 2012, concerning the filing of Notices of
Claim against public corporations 142. the Secretary of State.

SUMMARY OF SPECIFIC PROVISIONS: This bill clarifies the definition of
"public corporation" referencing the General Construction Law; clarifies
the extent to which disbursements associated with service of a Notice of
Claim upon the Secretary of State are taxable; clarifies that an elec-
tronic mail address may be used by the Secretary of State to transmit a
Notice of Claim to the public corporation; permits the Secretary of
State to issue rules or regulations in order to implement service of
Notices of Claim upon the Secretary of State; extends from 90 to 100
days the time period in which a public corporation may request a hearing
pursuant to General Municipal Law Sec. 50-h, where a Notice of Claim was
served via the Secretary of State; extends from 30 to 40 days the time
period which must elapse subsequent to service of a Notice of Claim
prior to commencing a local action.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Would amend the
General Municipal Law as described herein.

JUSTIFICATION: This chapter amendment makes technical changes to the
General Municipal Law to the extent that service of e Notice of Claim
against a Public corporation is permitted. The most significant change
in the bill extends two time periods for a ten day Period. The General
Municipal Law, at Sections 50-e, 50-h, and 50-i, gives public corpo-
rations the right to investigate and/or adjust claims against them with-
in 30 days of the filing of a Notice of Claim against them. Likewise,
existing law Gives public corporations the right to conduct a hearing of
the claimant within 90 days of the filing of a Notice of Claim. Since
the Chapter of the Laws of 2012 which this bill is amending gives the
Secretary of State 10 days to transmit the Notice of Claim to the public
corporation, this chapter amendment extends the 30 and the 90 day time
periods referred to above, in the instance where service is effected via
the Secretary of State, by an additional 10 days, such that the public
corporation is not prejudiced by having their 30 and 90 day time periods
effectively shortened due to any time lag in the transmission of Notices
of Claim to the public corporation.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: As per the same effective date of Ch. 500 of the Laws
of 2012. Specifically, 160 days from the date that said act shall become
law, with the exception of Sec. 4 of the above which takes effect 210
days from the date that said act shall become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2155

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, the general  municipal
  law  and  the  New  York city health and hospitals corporation act, in
  relation to the filing of notices of claim prior to  the  commencement
  of  a  cause  of  action against any state or municipal entity, public
  authority or public benefit corporation; and to amend chapter  500  of
  the  laws of 2012, amending the civil practice law and rules and other
  laws, relating to establishing a uniform process and  requirement  for
  the filing of notices of claim prior to the commencement of a cause of
  action  against  any  state  or  municipal entity, public authority or
  public benefit corporation, in relation to the effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 217-a of the civil practice law and rules, as added
by chapter 500 of the laws of 2012, is amended to read as follows:
  S  217-a.  Actions  to  be  commenced within one year and ninety days.
Notwithstanding any other provision of law to the  contrary,  and  irre-
spective  of  whether  the  relevant  statute  is  expressly  amended by
[sections three through seventy-nine of] the  uniform  notice  of  claim
act,  every action for damages or injuries to real or personal property,
or for the destruction thereof, or for  personal  injuries  or  wrongful
death, against any political subdivision of the state, or any instrumen-
tality  or  agency  of  the state or a political subdivision, any public
authority or any public benefit corporation that is entitled to  receive
a notice of claim as a condition precedent to commencement of an action,
shall  not  be commenced unless a notice of claim shall have been served
on such governmental entity within the time limit established by SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW, and SUCH ACTION MUST BE  COMMENCED
in  compliance with all the requirements of section fifty-e AND SUBDIVI-
SION ONE OF SECTION FIFTY-I of the general municipal law. Except  in  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05824-01-3

S. 2155                             2

action  for wrongful death against such an entity, an action for damages
or for injuries to real or personal property,  or  for  the  destruction
thereof, or for personal injuries, alleged to have been sustained, shall
not  be  commenced more than one year and ninety days after the cause of
action therefor shall have accrued or within the time  period  otherwise
prescribed  by any special provision of law, whichever is longer.  Noth-
ing herein is intended to amend the court of claims act or any provision
thereof.
  S 2. Paragraph (f) of subdivision 3 of section  50-e  of  the  general
municipal  law,  as added by chapter 500 of the laws of 2012, is amended
to read as follows:
  (f) Service of a notice of claim on the secretary of state as agent of
any public corporation, AS DEFINED IN SUBDIVISION ONE OF SECTION  SIXTY-
SIX  OF  THE GENERAL CONSTRUCTION LAW, whatsoever created or existing by
virtue of the laws of the state of New  York  upon  whom  service  of  a
notice  of claim is required as a condition precedent to being sued, may
be made by personally delivering to and leaving with  the  secretary  of
state  or  a  deputy,  or with any person authorized by the secretary of
state to receive such service, at [any] THE office of the department  of
state  in  the  city of Albany [or at one of his or her regularly estab-
lished offices], duplicate copies of such notice of  claim together with
the statutory fee, which fee shall be a taxable disbursement BUT ONLY IN
THE AMOUNT EQUAL TO THE PORTION OF  THE  FEE  COLLECTED  BY  THE  PUBLIC
CORPORATION  IN  ACCORDANCE  WITH  SUBDIVISION  FOUR  OF  THIS  SECTION.
Service on such public corporation shall be complete when the  secretary
of  state  is so served.  [The secretary of state shall promptly] WITHIN
TEN DAYS AFTER RECEIVING A NOTICE OF CLAIM, THE SECRETARY OF STATE SHALL
EITHER: (1) send one of such copies by certified  mail,  return  receipt
requested,  to such public corporation, at the post office address[,] on
file in the department of state, specified for the purpose; OR (2) ELEC-
TRONICALLY TRANSMIT A COPY TO SUCH PUBLIC CORPORATION AT THE  ELECTRONIC
ADDRESS ON FILE WITH THE DEPARTMENT OF STATE SPECIFIED FOR THAT PURPOSE;
OR  (3)  TRANSMIT  A  COPY  TO SUCH PUBLIC CORPORATION BY ANY OTHER SUCH
MEANS OR PROCEDURE ESTABLISHED BY THE SECRETARY OF STATE, PROVIDED  THAT
SUCH OTHER MEANS OR PROCEDURE OF TRANSMITTAL MUST BE VERIFIABLE.
  S  3. Section 53 of the general municipal law, as added by chapter 500
of the laws of 2012, is amended to read as follows:
  S 53. Alternative service of notice of claim  upon  the  secretary  of
state. 1. In lieu of serving a notice of claim upon a public corporation
as  provided  for  in section fifty-e of this article, a notice of claim
setting forth the same information as required by such  section  may  be
served  upon the secretary of state in the same manner as if served with
the public corporation. All  the  requirements  relating  to  the  form,
content,  time  limitations, exceptions, extensions and any other proce-
dural requirements imposed in such section with respect to a  notice  of
claim  served upon a public corporation shall correspondingly apply to a
notice of claim served upon the secretary of state as permitted by  this
section.  For  purposes of this article, the secretary of state shall be
deemed to be the agent for all public corporations upon whom a notice of
claim may be served prior to commencement of any  action  or  proceeding
subject to the requirements of this article.
  2.    [The  secretary  of  state  shall designate an office within the
department of state whereat persons are entitled by law to timely  serve
a  notice of claim upon the secretary of state as the agent for a public
corporation as a condition precedent to commencement  of  an  action  or
proceeding.] All public corporations entitled to have served upon them a

S. 2155                             3

notice of claim as a condition precedent to commencement of an action or
proceeding  shall,  no  later than thirty days after the date upon which
this section shall take effect, file a certificate with the secretary of
state  designating the secretary as the agent for service of a notice of
claim and shall in such statement provide the secretary with  the  name,
POST  OFFICE  ADDRESS  and  ELECTRONIC MAIL address, IF AVAILABLE, of an
officer, person, or designee, nominee or  other  agent-in-fact  for  the
transmittal  of notices of claim served upon the secretary as the public
corporation's agent. Any designated [post-office] POST OFFICE address OR
ELECTRONIC MAIL ADDRESS to which the secretary  of  state  shall  [mail]
TRANSMIT  a  copy of the notice of claim served upon him or her as agent
shall continue to be the address to which such notices shall be [mailed]
TRANSMITTED until the public corporation sends a notice to the secretary
informing him or her of a new POST OFFICE  address  OR  ELECTRONIC  MAIL
ADDRESS to which such notices shall be [mailed] TRANSMITTED. The initial
filing  with  the  secretary  of state shall also contain the applicable
time limit for filing a notice of claim upon that public corporation, or
if later changed by statute, a new filing shall be  made  detailing  the
[altered]  NEW  time  limit.  Any public corporation [who] THAT does not
have a current and timely statutory designation filed with the secretary
of state shall not be entitled to the portion of the  fee  to  which  it
would  otherwise  be  entitled  pursuant  to  subdivision  four  of this
section. Failure of the public corporation to so file with the secretary
of state will not invalidate any service of a notice of claim  upon  the
public corporation which has been received by the secretary of state.
  3. The secretary of state is hereby empowered to accept properly tran-
smitted  notices  of  claims on behalf of a public corporation, with the
same effect as if served directly upon a public corporation. The  secre-
tary  of  state  shall  accept such service upon the following terms and
conditions:
  (a) the secretary of state shall set and notify the public, on his  or
her  website,  [as to reasonable] OF times, places and manner of service
upon him or her of notices  of  claims  NECESSARY  TO  COMPLY  WITH  THE
PROVISIONS OF THIS SECTION;
  (b)  upon  receipt  of a notice of claim, the secretary of state shall
issue a receipt or other document acknowledging his or  her  receipt  of
such notice, and such receipt shall contain the date and time of receipt
of  the  notice,  an identifying number or name particular to the notice
received, and the logo or seal of the department of state embossed  upon
it.  Such  receipt  shall  be  prima  facie evidence of service upon the
secretary of state for all purposes;
  (c) [within ten days after receiving the notice of claim,  the  secre-
tary  of  state  shall  transmit  an original or a copy of the notice of
claim to the public corporation named in the notice;
  (d)] nothing in this section shall be deemed to alter, waive or other-
wise abrogate any defense available to a public corporation  as  to  the
nature,  sufficiency,  or appropriateness of the notice of claim itself,
or to any challenges to the timeliness of the service  of  a  notice  of
claim.  Timely service upon the secretary of state shall be deemed time-
ly  service  upon  the public corporation for purposes of instituting an
action or proceeding or other requirement imposed by law.
  4. The secretary of state may impose a fee upon any person who  serves
a  notice  of  claim  with the department. Such fee shall not exceed two
hundred fifty dollars for each such notice filed. One-half  of  the  fee
imposed  shall  be retained by the secretary of state as payment for its
services provided in accordance with this section.  The  remaining  one-

S. 2155                             4

half  of  such fee shall be forwarded to the public corporation named in
the notice of claim provided, however, if  more  than  one  such  public
corporation is named, each named public corporation shall be entitled to
an equal percentage of the one-half amount.
  5.  The secretary of state shall within sixty days after the effective
date of this section post on the departmental  website  a  list  of  any
public  corporation,  including  any  public  authority,  public benefit
corporation or any other entity entitled to receive a notice of claim as
a condition precedent to commencement of an action  or  proceeding,  and
that  has filed, pursuant to this section, a certificate with the secre-
tary of state designating the secretary as the agent for  service  of  a
notice  of  claim.  The list should identify the entity, the POST OFFICE
address AND ELECTRONIC MAIL ADDRESS, IF AVAILABLE, of the public  corpo-
ration  to which the notice of claim shall be forwarded by the secretary
of state, and any  statutory  provisions  uniquely  pertaining  to  such
public  corporation  and  the  commencement  of  an action or proceeding
against it.
  6. THE SECRETARY OF STATE IS AUTHORIZED TO  PROMULGATE  ANY  RULES  OR
REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  4.  Subdivision  2 of section 50-h of the general municipal law, as
amended by chapter 254 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  The  demand for examination as provided in subdivision one of this
section shall be made by the chief executive officer or, where there  is
no  such  officer,  by  the  chairman of the governing body of the city,
county, town, village, fire district or school district or by such offi-
cer, agent or employee as may be designated by  him  for  that  purpose.
The  demand  shall  be  in  writing and shall be served personally or by
registered or certified mail upon the claimant unless  the  claimant  is
represented  by  an  attorney,  when it shall be served personally or by
mail upon his attorney. The demand shall give reasonable notice  of  the
examination. It shall state the person before whom the examination is to
be  held,  the time, place and subject matter thereof and, if a physical
examination is to be required, it shall so state. If the place of  exam-
ination  is  located outside the municipality against which the claim is
made, the claimant may demand, within ten days of such service, that the
examination be  held  at  a  location  within  such  municipality.  Such
location  shall  be determined by the municipality.  If a physical exam-
ination is to be required and there is no appropriate place for such  an
examination  within the municipality, such examination shall be given at
a location as close to such municipality as practicable. No  demand  for
examination  shall  be  effective  against  the claimant for any purpose
unless it shall be served as provided in this subdivision within  ninety
days  from  the  date of filing of the notice of claim, OR IF SERVICE OF
THE NOTICE OF CLAIM IS MADE BY  SERVICE  UPON  THE  SECRETARY  OF  STATE
PURSUANT TO SECTION FIFTY-THREE OF THIS ARTICLE, WITHIN ONE HUNDRED DAYS
FROM THE DATE OF SUCH SERVICE.
  S  5.  Subdivision  1 of section 50-i of the general municipal law, as
amended by chapter 738 of the laws  of  1981,  is  amended  to  read  as
follows:
  1.  No  action or special proceeding shall be prosecuted or maintained
against a city, county, town, village, fire district or school  district
for  personal injury, wrongful death or damage to real or personal prop-
erty alleged to have been sustained  by  reason  of  the  negligence  or
wrongful  act  of  such  city,  county,  town, village, fire district or
school district or of any officer, agent or employee thereof,  including

S. 2155                             5

volunteer firemen of any such city, county, town, village, fire district
or  school  district  or  any volunteer fireman whose services have been
accepted pursuant to the provisions of section  two  hundred  nine-i  of
this  chapter,  unless,  (a)  a notice of claim shall have been made and
served upon the city, county, town, village,  fire  district  or  school
district  in  compliance with section fifty-e of this [chapter] ARTICLE,
(b) it shall appear by and as an allegation in the complaint  or  moving
papers  that at least thirty days have elapsed since the service of such
notice, OR IF SERVICE OF THE NOTICE OF CLAIM IS MADE BY SERVICE UPON THE
SECRETARY OF STATE PURSUANT TO SECTION FIFTY-THREE OF THIS ARTICLE, THAT
AT LEAST FORTY DAYS HAVE ELAPSED SINCE THE SERVICE OF SUCH  NOTICE,  and
that  adjustment  or  payment thereof has been neglected or refused, and
(c) the action or special proceeding shall be commenced within one  year
and ninety days after the happening of the event upon which the claim is
based;  except that wrongful death actions shall be commenced within two
years after the happening of the death.
  S 6. Subdivision 1 of section 20 of section 1 of chapter 1016  of  the
laws  of 1969 constituting the New York city health and hospitals corpo-
ration act, as amended by chapter 877 of the laws of 1973, is amended to
read as follows:
  1. In every action against the corporation for damages for injuries to
real or personal property,  or  for  the  destruction  thereof,  or  for
personal  injuries  or  death, the complaint shall contain an allegation
that at least thirty days have elapsed since the demand, claim or claims
upon which such action is founded were presented to a director or  offi-
cer of the corporation and that the corporation has neglected or refused
to  make  an  adjustment  or  payment thereof for thirty days after such
presentment, OR IF THE DEMAND, CLAIM OR CLAIMS UPON WHICH SUCH ACTION IS
FOUNDED WAS PRESENTED TO A DIRECTOR OR OFFICER  OF  THE  CORPORATION  BY
SERVICE  UPON  THE SECRETARY OF STATE PURSUANT TO SECTION FIFTY-THREE OF
THE GENERAL MUNICIPAL LAW, THAT AT LEAST FORTY DAYS HAVE  ELAPSED  SINCE
SUCH SERVICE WAS MADE, AND THAT THE CORPORATION HAS NEGLECTED OR REFUSED
TO  MAKE  AN  ADJUSTMENT  OR  PAYMENT  THEREOF FOR FORTY DAYS AFTER SUCH
PRESENTMENT.
  S 7. Section 79 of chapter 500 of the laws of 2012 amending the  civil
practice  law  and  rules  and  other  laws,  relating to establishing a
uniform process and requirement for the filing of notices of claim prior
to the commencement of a cause of action against any state or  municipal
entity,  public  authority  or public benefit corporation, is amended to
read as follows:
  S 79. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have  become  a law and shall apply to all actions and
proceedings accruing on or after  such  date;  provided,  however,  THAT
SECTION  FOUR  OF  THIS ACT SHALL TAKE EFFECT TWO HUNDRED TEN DAYS AFTER
THIS ACT SHALL HAVE BECOME A LAW; AND PROVIDED,  FURTHER,  that  section
seventy-eight  of this act shall take effect upon the enactment into law
by the state of New Jersey of legislation having an identical effect  as
section  seventy-eight of this act, but if the state of New Jersey shall
have enacted such legislation into law prior to the first day of January
next succeeding the date upon which this act shall have  become  a  law,
section  seventy-eight  of this act shall take effect on the one hundred
eightieth day from the date upon which  it  shall  have  become  a  law;
provided  further,  [however,] that the state of New Jersey shall notify
the legislative bill drafting commission  upon  the  occurrence  of  the
enactment  of  the provisions provided for in this act in order that the
commission may maintain an accurate and timely effective  data  base  of

S. 2155                             6

the official text of the laws of the state of New York in furtherance of
effecting  the  provisions  of  section  44  of  the legislative law and
section 70-b of the public  officers  law;  AND  PROVIDED  FURTHER  THAT
SECTION  NINE  OF  THIS  ACT  SHALL  TAKE EFFECT UPON THE CONCURRENCE BY
MEMBERS OF THE DELAWARE RIVER BASIN WATER COMMISSION.
  S 8. This act shall take effect on the  same  date  and  in  the  same
manner as chapter 500 of the laws of 2012 takes effect.

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