Senate Bill S478

2009-2010 Legislative Session

Extends the time for filing a notice of claim for injuries suffered as a result of participation in the World Trade Center rescue, recovery or cleanup operations

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Jan 07, 2009	referred to judiciary

2009-S478 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Court of Claims Act
Laws Affected:: Amd §10, Ct Claims Act; amd §50-e, Gen Muni L

2009-S478 (ACTIVE) - Summary

Extends the time for filing a notice of claim for injuries suffered as a result of participation in the World Trade Center rescue, recovery, or cleanup operations.

2009-S478 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S478

 TITLE OF BILL :
An act to amend the court of claims act and the general municipal law,
in relation to extending the time to file a notice of claim for
certain persons who sustained injury as a result of the World Trade
Center rescue, recovery or cleanup operations


 PURPOSE :
To extend the time for filing a notice of claim for injuries suffered
as a result of participation in the World Trade Center rescue,
recovery, or clean-up operations.

 SUMMARY OF PROVISIONS :
Section one is the short title, "Jimmy Nolan's Law".

Section two, Section 10 of the court of claims act is amended by
adding a new subdivision 10.

Section three, Subdivision 1 of section 50-e of the general municipal
law is amended by adding a new paragraph (c).

Section four is an immediate effective date.

 JUSTIFICATION :

We all know that thousands of men and women lost their lives on
September 11, 2001 at the World Trade Center tragedy.

Thousands of individuals who worked at the site and at site-related
areas for periods of time that ran up to two and one-half years, were
told and believed that they were working in a safe environment.
However, today, after more than five years, we are seeing that more
and more individuals are experiencing health problems that are far
above the statistical norm, leading any reasonable person to conclude
that these illnesses are being caused by their 911-related rescue,
recovery and clean-up efforts.

However, most of the people who are sick and are still getting sick
are beyond the current statutory ninety day limit for filing a notice
of claim. These individuals must not be denied their right to pursue
just compensation simply because he or she was given incorrect
information, had no immediate symptoms or was unaware of the filing
time limits.

The 911 tragedy created this special group of 'second wave 911
victims'; this is a special case which must be addressed in a special
way. The proposed bill would assure that all second wave 911 victims'
involved with the rescue, recovery and clean-up would be treated with
the dignity and equity that they deserve. The proposed bill protects
and preserves the rights of those 911 workers who are sick as well as
those that are continuing to get sick.

 LEGISLATIVE HISTORY :
2008: S.2176 - 3rd Reading Calendar/A.3947 - Passed Assembly
2007: S.2176 - 3rd Reading Calendar/A.3947 - 3rd Reading Calendar
2006: S.8508 - Referred to Rules.

 FISCAL IMPLICATIONS :
Unknown.

 EFFECTIVE DATE :
Immediately.

2009-S478 (ACTIVE) - Bill Text download pdf

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

                                   478

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN ACT to amend the court of claims act and the general  municipal  law,
  in  relation  to  extending  the  time  to  file a notice of claim for
  certain persons who sustained injury as a result of  the  World  Trade
  Center rescue, recovery or cleanup operations

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

  Section 1.  Short title.  This act shall be known and may be cited  as
"Jimmy Nolan's Law".
  S  2. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
  10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  A
PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS
SHALL  HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVISION TO FILE
A NOTICE OF CLAIM AGAINST THE STATE OF NEW YORK FOR INJURIES SUFFERED AS
A RESULT OF SUCH PARTICIPATION.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION:
  (1) "PARTICIPANT IN WORLD TRADE CENTER  RESCUE,  RECOVERY  OR  CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I)  PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE FRESH KILLS  LAND  FILL  IN  NEW  YORK  CITY  AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III)  WORKED  AT  THE NEW YORK CITY MORGUE OR THE TEMPORARY MORGUE ON
PIER LOCATIONS ON THE WEST SIDE OF MANHATTAN AFTER  SEPTEMBER  ELEVENTH,
TWO THOUSAND ONE; OR
  (IV)  WORKED  ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN AND THE
FRESH KILLS LAND FILL IN NEW YORK CITY  AFTER  SEPTEMBER  ELEVENTH,  TWO
THOUSAND ONE.

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

                                                           LBD00990-01-9

S. 478                              2

  (2)  "WORLD  TRADE  CENTER  SITE" MEANS ANYWHERE BELOW A LINE STARTING
FROM THE HUDSON RIVER AND CANAL STREET; EAST ON  CANAL  STREET  TO  PIKE
STREET;  SOUTH  ON  PIKE  STREET TO THE EAST RIVER; AND EXTENDING TO THE
LOWER TIP OF MANHATTAN.
  S  3.  Subdivision  1  of section 50-e of the general municipal law is
amended by adding a new paragraph (c) to read as follows:
  (C) 1. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  SECTION  TO  THE
CONTRARY, A PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
UP  OPERATIONS SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH TO FILE A NOTICE OF CLAIM AGAINST A PUBLIC CORPORATION  FOR  INJU-
RIES SUFFERED AS A RESULT OF SUCH PARTICIPATION.
  2. FOR THE PURPOSES OF THIS PARAGRAPH:
  (1)  "PARTICIPANT  IN  WORLD  TRADE CENTER RESCUE, RECOVERY OR CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I) PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT  THE
WORLD TRADE CENTER SITE; OR
  (II)  WORKED  AT  THE  FRESH  KILLS  LAND  FILL IN NEW YORK CITY AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III) WORKED AT THE NEW YORK CITY MORGUE OR THE  TEMPORARY  MORGUE  ON
PIER  LOCATIONS  ON THE WEST SIDE OF MANHATTAN AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE; OR
  (IV) WORKED ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN  AND  THE
FRESH  KILLS  LAND  FILL  IN NEW YORK CITY AFTER SEPTEMBER ELEVENTH, TWO
THOUSAND ONE.
  (2) "WORLD TRADE CENTER SITE" MEANS ANYWHERE  BELOW  A  LINE  STARTING
FROM  THE  HUDSON  RIVER  AND CANAL STREET; EAST ON CANAL STREET TO PIKE
STREET; SOUTH ON PIKE STREET TO THE EAST RIVER;  AND  EXTENDING  TO  THE
LOWER TIP OF MANHATTAN.
  S 4. This act shall take effect immediately.

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Senate Bill S478

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-S478 (ACTIVE) - Details

2009-S478 (ACTIVE) - Summary

2009-S478 (ACTIVE) - Sponsor Memo

2009-S478 (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2009-S478 (ACTIVE) - Details

2009-S478 (ACTIVE) - Summary

2009-S478 (ACTIVE) - Sponsor Memo

2009-S478 (ACTIVE) - Bill Text download pdf

Comments