|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 18, 2012||
|Jul 06, 2012||
delivered to governor
|May 23, 2012||
returned to assembly
3rd reading cal.762
substituted for s7106
|May 23, 2012||
substituted by a9791
|May 21, 2012||
advanced to third reading
|May 16, 2012||
2nd report cal.
|May 15, 2012||
1st report cal.762
|Apr 30, 2012||
referred to environmental conservation
senate Bill S7106Signed By Governor
Extends the indemnification to certain communities relating to the Hudson river valley greenway
Archive: Last Bill Status Via A9791 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (11)
May 23, 2012 - floor VoteA9791580floor58Aye0Nay1Absent2Excused0Abstained
show floor vote details
Floor Vote: May 23, 2012aye (58)
May 15, 2012 - Environmental Conservation committee VoteS7106120committee12Aye0Nay1Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S7106 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Environmental Conservation
- Laws Affected:
- Amd §18, Chap 748 of 1991
S7106 - Bill Texts
Extends the indemnification to certain communities relating to the Hudson river valley greenway.
view sponsor memo
TITLE OF BILL:
to amend chapter 748 of the laws of 1991, amending the environmental
conservation law and various other laws relating to establishing the
Hudson river valley greenway, in relation to extending the expiration of
certain provisions relating to indemnity to communities
To provide a five year extension of the existing indemnity
provision included in the Greenway Act of 1991 for communities in the
Hudson River Valley Greenway for certain actions related to their
participation in the Greenway Compact.
SUMMARY OF PROVISIONS:
Extends the sunset date of December 31, 2012 in
Section 44-0119(7) of the environmental conservation law for five
additional years, until December 31, 2017.
Section 44-0119(7) of the Environmental Conservation
Law provides that communities in the Hudson River Valley Greenway, as
defined in the Greenway Act, that choose to participate in the
Greenway Compact, are provided indemnity from the state in the event
of legal actions brought against the community or its agents that may
result from the community's acquisition of land or the adoption or
implementation of land use controls that are consistent with the
Compact. This indemnity provision does not apply to the counties of
New York and Bronx for legal actions that result from New York City's
adoption of a regional plan or amendments to the plan. The indemnity
applies to the extent that any such claim exceeds the insurance
coverage obtained by the council, but does not apply to any claims
resulting from intentional wrongdoing, recklessness, gross negligence
or an unlawful discriminatory practice.
In any claim against a participating community of unlawful
discriminatory practice, the Attorney General shall not represent the
defendant(s). However, if the plaintiff in such action is not the
prevailing party, the state is required to reimburse the defendant(s)
for all reasonable attorneys' fees and related litigation expenses.
Section 44-0119(7) includes a sunset provision date of December
This amendment is necessary in order to help further
the goals of the Greenway Act of 1991, and specifically, to help
develop the Greenway Compact in the Hudson River Valley. Currently,
communities that have adopted the Greenway Compact are indemnified by
the state against lawsuits brought as a result of the purchase of
land or land use controls or amendments pursuant to the Compact.
Those communities that have
adopted the Compact would lose this benefit if this subdivision were
allowed to expire.
Such an outcome could result in communities withdrawing their
participation in the compact.
The original Greenway Act of 1991 (Chapter 748 of
the Laws of 1991) included an expiration date of December 31, 1997
for the indemnity provisions of Section 44-0019(7). In 1997, the
expiration date was extended five years, until December 31, 2002
(Chapter 342 of the Laws of 1997). In 2002, the expiration was again
extended for five years until December 31, 2007 (Chapter 138 of the
Laws of 2002) and again in 2007 (Chapter 359 of the Laws of 2007).
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 7106 I N S E N A T E April 30, 2012 ___________ Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend chapter 748 of the laws of 1991, amending the environ- mental conservation law and various other laws relating to establish- ing the Hudson river valley greenway, in relation to extending the expiration of certain provisions relating to indemnity to communities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 18 of chapter 748 of the laws of 1991, amending the environmental conservation law and various other laws relating to estab- lishing the Hudson river valley greenway, as amended by chapter 359 of the laws of 2007, is amended to read as follows: S 18. This act shall take effect immediately; provided, however, that section 1104-a of the tax law as added by section sixteen of this act shall take effect March 1, 1992 and provided further that subdivision 7 of section 44-0119 of the environmental conservation law as added by section ten of this act, and as amended, shall be repealed on December 31,  2017. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14935-01-2
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