S T A T E O F N E W Y O R K
________________________________________________________________________
1182
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the education law, the public authorities law, the
public housing law, the racing, pari-mutuel wagering and breeding law,
and the New York city health and hospitals corporation act, in
relation to providing for the exclusive jurisdiction of the court of
claims over claims against boards of education and school districts,
the community colleges of the city university of New York, the New
York city transit authority, the metropolitan transportation authori-
ty, the triborough bridge and tunnel authority, the New York city
housing authority, the New York city off-track betting corporation and
the New York city health and hospitals corporation, and claims against
the officers and employees thereof that arise out of their employment,
for damages for personal injury, injury to property and wrongful death
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3813 of the education law is amended by adding a
new subdivision 5 to read as follows:
5. EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF CLAIMS
TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST ANY OF THE
PARTIES NAMED IN THIS SECTION OR THE CLAIMS OF ANY PERSON AGAINST ANY
TEACHER OR MEMBER OF THE SUPERVISORY OR ADMINISTRATIVE STAFF OR OTHER
OFFICERS AND EMPLOYEES OF SUCH PARTIES THAT ARISE OUT OF THEIR EMPLOY-
MENT, FOR DAMAGES FOR PERSONAL INJURY, INJURY TO PROPERTY OR WRONGFUL
DEATH, AND TO MAKE AWARDS AND RENDER JUDGMENTS THEREFOR. SUCH CLAIMS
SHALL BE SUBJECT TO THE COURT OF CLAIMS ACT AND SHALL BE HEARD AND
DETERMINED IN THE MANNER PROVIDED IN SUCH ACT FOR THE DETERMINATION OF
CLAIMS AGAINST THE STATE; PROVIDED, HOWEVER, THAT:
(A) THE PROVISIONS OF SECTION TWENTY-A OF THE COURT OF CLAIMS ACT
SHALL NOT APPLY TO SUCH CLAIMS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01761-01-9
A. 1182 2
(B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE COURT OF CLAIMS
ACT, THE PROVISIONS OF SECTION FIFTY-E, FIFTY-H AND FIFTY-I OF THE
GENERAL MUNICIPAL LAW SHALL APPLY TO SUCH CLAIMS; AND
(C) ALL REFERENCES IN THE COURT OF CLAIMS ACT TO THE ATTORNEY GENERAL
SHALL BE DEEMED TO REFER TO THE CHIEF LEGAL OFFICER OF THE GOVERNING
BODY OF THE DISTRICT OR SCHOOL WITH RESPECT TO WHICH THE CLAIM IS MADE
AND ALL REFERENCES IN SUCH ACT TO THE COMPTROLLER SHALL BE DEEMED TO
REFER TO THE OFFICER OR BODY HAVING POWER TO ADJUST AND PAY CLAIMS
AGAINST SUCH DISTRICT OR SCHOOL.
S 2. Subdivision 1 of section 6224 of the education law, as amended by
chapter 711 of the laws of 1982, is amended to read as follows:
1. (A) The provisions of sections fifty-e, FIFTY-H and fifty-i of the
general municipal law shall, notwithstanding any inconsistent provision
of law, continue to apply to actions and proceedings based on a cause of
action involving a community college of the city university of New York
or an officer, agent, servant or employee of such community college
acting in the course of his OR HER employment. [The] EXCEPT AS OTHERWISE
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE provisions of subdi-
visions four, five and six of this section shall not apply to such
actions and proceedings.
(B) EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF
CLAIMS TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST A COMMUNI-
TY COLLEGE OF THE CITY UNIVERSITY OF NEW YORK OR ANY OFFICER, AGENT,
SERVANT OR EMPLOYEE OF A COMMUNITY COLLEGE OF THE CITY UNIVERSITY OF NEW
YORK FOR DAMAGES FOR PERSONAL INJURY, INJURY TO PROPERTY OR WRONGFUL
DEATH ALLEGED TO HAVE BEEN COMMITTED BY SUCH COLLEGE OR SUCH OFFICER,
AGENT, SERVANT OR EMPLOYEE WHILE ACTING IN THE COURSE OF HIS OR HER
EMPLOYMENT ON BEHALF OF SUCH COLLEGE, AND TO MAKE AWARDS AND RENDER
JUDGMENTS THEREFOR. SUCH CLAIMS SHALL BE SUBJECT TO THE COURT OF CLAIMS
ACT AND SHALL BE HEARD AND DETERMINED IN THE MANNER PROVIDED IN SUCH ACT
FOR THE DETERMINATION OF CLAIMS AGAINST THE STATE; PROVIDED, HOWEVER,
THAT:
(1) THE PROVISIONS OF SECTION TWENTY-A OF THE COURT OF CLAIMS ACT
SHALL NOT APPLY TO SUCH CLAIMS;
(2) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE COURT OF CLAIMS
ACT, THE PROVISIONS OF SECTIONS FIFTY-E, FIFTY-H AND FIFTY-I OF THE
GENERAL MUNICIPAL LAW SHALL APPLY TO SUCH CLAIMS; AND
(3) ALL REFERENCES IN THE COURT OF CLAIMS ACT TO THE ATTORNEY GENERAL
AND THE COMPTROLLER SHALL BE DEEMED TO REFER TO THE CORPORATION COUNSEL
OF THE CITY OF NEW YORK AND THE COMPTROLLER OF THE CITY OF NEW YORK,
RESPECTIVELY. ALL AWARDS AND JUDGMENTS AGAINST SUCH COLLEGE ARISING OUT
OF SUCH CLAIM SHALL BE PAID IN THE MANNER PROVIDED BY LAW FOR THE
PAYMENT OF AWARDS AND JUDGMENTS AGAINST THE CITY OF NEW YORK.
S 3. Section 569-a of the public authorities law is amended by adding
a new subdivision 3 to read as follows:
3. EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF CLAIMS
TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE AUTHORITY OR
THE CLAIMS OF ANY PERSON AGAINST THE OFFICERS AND EMPLOYEES THEREOF THAT
ARISE OUT OF THEIR EMPLOYMENT, FOR DAMAGES FOR PERSONAL INJURY, INJURY
TO PROPERTY OR WRONGFUL DEATH AND TO MAKE AWARDS AND RENDER JUDGMENTS
THEREFOR. SUCH CLAIMS SHALL BE SUBJECT TO THE COURT OF CLAIMS ACT AND
SHALL BE HEARD AND DETERMINED IN THE MANNER PROVIDED IN SUCH ACT FOR THE
DETERMINATION OF CLAIMS AGAINST THE STATE; PROVIDED, HOWEVER, THAT:
(A) THE PROVISIONS OF SECTION TWENTY-A OF THE COURT OF CLAIMS ACT
SHALL NOT APPLY TO SUCH CLAIMS;
A. 1182 3
(B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE COURT OF CLAIMS
ACT, THE PROVISIONS OF THIS SECTION SHALL APPLY TO SUCH CLAIMS; AND
(C) ALL REFERENCES IN THE COURT OF CLAIMS ACT TO THE ATTORNEY GENERAL
AND THE COMPTROLLER SHALL BE DEEMED TO REFER TO THE GENERAL COUNSEL OF
THE AUTHORITY AND THE AUTHORITY, RESPECTIVELY. ALL AWARDS AND JUDGMENTS
AGAINST THE AUTHORITY ARISING OUT OF SUCH CLAIMS SHALL BE PAID IN THE
MANNER PROVIDED BY LAW OUT OF THE MONIES OF THE AUTHORITY.
S 4. Section 1212 of the public authorities law is amended by adding a
new subdivision 7 to read as follows:
7. EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF CLAIMS
TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE AUTHORITY OR
THE CLAIMS OF ANY PERSON AGAINST THE OFFICERS AND EMPLOYEES THEREOF THAT
ARISE OUT OF THEIR EMPLOYMENT, FOR DAMAGES FOR PERSONAL INJURY, INJURY
TO PROPERTY OR WRONGFUL DEATH AND TO MAKE AWARDS AND RENDER JUDGMENTS
THEREFOR. SUCH CLAIMS SHALL BE SUBJECT TO THE COURT OF CLAIMS ACT AND
SHALL BE HEARD AND DETERMINED IN THE MANNER PROVIDED IN SUCH ACT FOR THE
DETERMINATION OF CLAIMS AGAINST THE STATE; PROVIDED, HOWEVER, THAT:
(A) THE PROVISIONS OF SECTION TWENTY-A OF THE COURT OF CLAIMS ACT
SHALL NOT APPLY TO SUCH CLAIMS;
(B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE COURT OF CLAIMS
ACT, THE PROVISIONS OF THIS SECTION SHALL APPLY TO SUCH CLAIMS; AND
(C) ALL REFERENCES IN THE COURT OF CLAIMS ACT TO THE ATTORNEY GENERAL
AND THE COMPTROLLER SHALL BE DEEMED TO REFER TO THE GENERAL COUNSEL OF
THE AUTHORITY AND THE AUTHORITY, RESPECTIVELY. ALL AWARDS AND JUDGMENTS
AGAINST THE AUTHORITY ARISING OUT OF SUCH CLAIMS SHALL BE PAID IN THE
MANNER PROVIDED BY LAW OUT OF THE MONIES OF THE AUTHORITY.
S 5. Section 1276 of the public authorities law is amended by adding a
new subdivision 7 to read as follows:
7. EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF CLAIMS
TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE AUTHORITY OR
THE CLAIMS OF ANY PERSON AGAINST THE OFFICERS AND EMPLOYEES THEREOF THAT
ARISE OUT OF THEIR EMPLOYMENT, FOR DAMAGES FOR PERSONAL INJURY, INJURY
TO PROPERTY OR WRONGFUL DEATH AND TO MAKE AWARDS AND RENDER JUDGMENTS
THEREFOR. SUCH CLAIMS SHALL BE SUBJECT TO THE COURT OF CLAIMS ACT AND
SHALL BE HEARD AND DETERMINED IN THE MANNER PROVIDED IN SUCH ACT FOR THE
DETERMINATION OF CLAIMS AGAINST THE STATE; PROVIDED, HOWEVER, THAT:
(A) THE PROVISIONS OF SECTION TWENTY-A OF THE COURT OF CLAIMS ACT
SHALL NOT APPLY TO SUCH CLAIMS;
(B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE COURT OF CLAIMS
ACT, THE PROVISIONS OF THIS SECTION SHALL APPLY TO SUCH CLAIMS; AND
(C) ALL REFERENCES IN THE COURT OF CLAIMS ACT TO THE ATTORNEY GENERAL
AND THE COMPTROLLER SHALL BE DEEMED TO REFER TO THE GENERAL COUNSEL OF
THE AUTHORITY AND THE AUTHORITY, RESPECTIVELY. ALL AWARDS AND JUDGMENTS
AGAINST THE AUTHORITY ARISING OUT OF SUCH CLAIMS SHALL BE PAID IN THE
MANNER PROVIDED BY LAW OUT OF THE MONIES OF THE AUTHORITY.
S 6. Section 402-a of the public housing law is amended by adding a
new subdivision 16 to read as follows:
16. EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF
CLAIMS TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE NEW
YORK CITY HOUSING AUTHORITY OR THE CLAIMS OF ANY PERSON AGAINST THE
EMPLOYEES THEREOF THAT ARISE OUT OF THEIR EMPLOYMENT, FOR DAMAGES FOR
PERSONAL INJURY, INJURY TO PROPERTY OR WRONGFUL DEATH AND TO MAKE AWARDS
AND RENDER JUDGMENTS THEREFOR. SUCH CLAIMS SHALL BE SUBJECT TO THE COURT
OF CLAIMS ACT AND SHALL BE HEARD AND DETERMINED IN THE MANNER PROVIDED
IN SUCH ACT FOR THE DETERMINATION OF CLAIMS AGAINST THE STATE; PROVIDED,
HOWEVER, THAT:
A. 1182 4
(A) THE PROVISIONS OF SECTION TWENTY-A OF THE COURT OF CLAIMS ACT
SHALL NOT APPLY TO SUCH CLAIMS;
(B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE COURT OF CLAIMS
ACT, THE PROVISIONS OF THIS SECTION SHALL APPLY TO SUCH CLAIMS; AND
(C) ALL REFERENCES IN THE COURT OF CLAIMS ACT TO THE ATTORNEY GENERAL
AND THE COMPTROLLER SHALL BE DEEMED TO REFER TO THE GENERAL COUNSEL OF
THE NEW YORK CITY HOUSING AUTHORITY AND THE NEW YORK CITY HOUSING
AUTHORITY, RESPECTIVELY. ALL AWARDS AND JUDGMENTS AGAINST THE NEW YORK
CITY HOUSING AUTHORITY ARISING OUT OF SUCH CLAIMS SHALL BE PAID IN THE
MANNER PROVIDED BY LAW OUT OF THE MONIES OF THE AUTHORITY.
S 7. Section 618 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new subdivision 7 to read as follows:
7. EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF CLAIMS
TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE CORPORATION
OR THE CLAIMS OF ANY PERSON AGAINST THE EMPLOYEES THEREOF THAT ARISE OUT
OF THEIR EMPLOYMENT, FOR DAMAGES FOR PERSONAL INJURY, INJURY TO PROPERTY
OR WRONGFUL DEATH AND TO MAKE AWARDS AND RENDER JUDGMENTS THEREFOR. SUCH
CLAIMS SHALL BE SUBJECT TO THE COURT OF CLAIMS ACT AND SHALL BE HEARD
AND DETERMINED IN THE MANNER PROVIDED IN SUCH ACT FOR THE DETERMINATION
OF CLAIMS AGAINST THE STATE; PROVIDED, HOWEVER, THAT:
A. THE PROVISIONS OF SECTION TWENTY-A OF THE COURT OF CLAIMS ACT SHALL
NOT APPLY TO SUCH CLAIMS;
B. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE COURT OF CLAIMS
ACT, THE PROVISIONS OF THIS SECTION SHALL APPLY TO SUCH CLAIMS; AND
C. ALL REFERENCES IN THE COURT OF CLAIMS ACT TO THE ATTORNEY GENERAL
AND THE COMPTROLLER SHALL BE DEEMED TO REFER TO THE CORPORATION COUNSEL
OF THE CITY OF NEW YORK AND THE CORPORATION, RESPECTIVELY. ALL AWARDS
AND JUDGMENTS AGAINST THE CORPORATION ARISING OUT OF SUCH CLAIMS SHALL
BE PAID IN THE MANNER PROVIDED BY LAW OUT OF THE MONIES OF THE CORPO-
RATION.
S 8. Section 20 of section 1 of chapter 1016 of the laws of 1969,
constituting the New York city health and hospitals corporation act, is
amended by adding a new subdivision 2-a to read as follows:
2-A. EXCLUSIVE JURISDICTION IS HEREBY CONFERRED UPON THE COURT OF
CLAIMS TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE CORPO-
RATION OR THE CLAIMS OF ANY PERSON AGAINST THE OFFICERS AND EMPLOYEES
THEREOF THAT ARISE OUT OF THEIR EMPLOYMENT, FOR DAMAGES FOR PERSONAL
INJURY, INJURY TO PROPERTY OR WRONGFUL DEATH AND TO MAKE AWARDS AND
RENDER JUDGMENTS THEREFOR. SUCH CLAIMS SHALL BE SUBJECT TO THE COURT OF
CLAIMS ACT AND SHALL BE HEARD AND DETERMINED IN THE MANNER PROVIDED IN
SUCH ACT FOR THE DETERMINATION OF CLAIMS AGAINST THE STATE; PROVIDED,
HOWEVER, THAT:
(A) THE PROVISIONS OF SECTION TWENTY-A OF THE COURT OF CLAIMS ACT
SHALL NOT APPLY TO SUCH CLAIMS;
(B) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE COURT OF CLAIMS
ACT, THE PROVISIONS OF THIS SECTION SHALL APPLY TO SUCH CLAIMS; AND
(C) ALL REFERENCES IN THE COURT OF CLAIMS ACT TO THE ATTORNEY GENERAL
AND THE COMPTROLLER SHALL BE DEEMED TO REFER TO THE CORPORATION COUNSEL
OF THE CITY OF NEW YORK AND THE COMPTROLLER OF THE CITY OF NEW YORK,
RESPECTIVELY. ALL AWARDS AND JUDGMENTS AGAINST THE CORPORATION ARISING
OUT OF SUCH CLAIMS SHALL BE PAID IN THE MANNER PROVIDED BY LAW FOR THE
PAYMENT OF AWARDS AND JUDGMENTS AGAINST THE CITY OF NEW YORK.
S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law.