senate Bill S4419

2011-2012 Legislative Session

Relates to tort claims against water authorities of Erie, Suffolk, Monroe and Onondaga counties

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to corporations, authorities and commissions
Apr 05, 2011 referred to corporations, authorities and commissions

S4419 - Details

Law Section:
Public Authorities Law
Laws Affected:
Amd §1067, 1089, 1109 & 1169, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S3237

S4419 - Summary

Relates to tort claims against water authorities of Erie, Suffolk, Monroe and Onondaga counties.

S4419 - Sponsor Memo

S4419 - Bill Text download pdf

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

                                  4419

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to amend the public authorities law, in relation to tort claims
  against certain water authorities

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

  Section  1.  Section 1067 of the public authorities law, as amended by
chapter 804 of the laws of 1990, is amended to read as follows:
  S 1067. Actions AGAINST THE AUTHORITY.  1. [In any case  founded  upon
tort a notice of claim shall be required as a condition precedent to the
commencement of an action or special proceeding against the authority or
any officer, appointee, agent or employee thereof, and the provisions of
section  fifty-e of the general municipal law shall govern the giving of
such notice.
  2. An action  against  the  authority  for  wrongful  death  shall  be
commenced  in  accordance  with  the notice of claim and time limitation
provisions of title eleven of article nine of this chapter] EXCEPT IN AN
ACTION FOR WRONGFUL DEATH, NO ACTION  OR  SPECIAL  PROCEEDING  SHALL  BE
PROSECUTED  OR  MAINTAINED  AGAINST THE AUTHORITY FOR PERSONAL INJURY OR
DAMAGE TO REAL OR PERSONAL PROPERTY ALLEGED TO HAVE  BEEN  SUSTAINED  BY
REASON OF THE NEGLIGENCE OR WRONGFUL ACT OF THE AUTHORITY OR ANY MEMBER,
OFFICER, AGENT OR EMPLOYEE THEREOF, UNLESS:
  (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHOR-
ITY  WITHIN  THE TIME LIMIT BY AND IN COMPLIANCE WITH SECTION FIFTY-E OF
THE GENERAL MUNICIPAL LAW;
  (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  AND  THAT  ADJUSTMENT  OR  PAYMENT THEREOF HAS BEEN NEGLECTED OR
REFUSED; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05229-02-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.