senate Bill S823

2011-2012 Legislative Session

Establishes a 10 year statute of limitations to enforce violations of rules and regulations of Adirondack park agency committed within the Adirondack park

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
May 17, 2011 reported and committed to finance
Mar 08, 2011 committee discharged and committed to judiciary
Jan 05, 2011 referred to codes

Votes

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May 17, 2011 - Judiciary committee Vote

S823
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S823 - Bill Details

See Assembly Version of this Bill:
A512
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §212, CPLR; amd §813, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S323, A444

S823 - Bill Texts

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Establishes a ten year statute of limitations to enforce violations of rules and regulations of Adirondack park agency committed within the Adirondack park.

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BILL NUMBER:S823

TITLE OF BILL:
An act
to amend the civil practice law and rules
and the executive law, in relation to the statute of
limitations for certain actions commenced by the Adirondack park agency
within the Adirondack Park

PURPOSE:
To enact a reasonable statute of limitations for actions
commenced by the Adirondack Park Agency within the Adirondack Park
against a property owner.

SUMMARY OF PROVISIONS:
Section 1 - amends section 212 of the civil
practice law and rules by adding a new subdivision (e) that provides
a statute of limitations of ten years to enforce certain violations of
the APA rules and regulations. Any action to enforce violations shall
be commenced by such agency within ten years after the occurrence of
such violation, or in the exercise of reasonable diligence should
have been discovered by a public servant who has the responsibility
to enforce such provisions.

Section 2 - amends section 813 of the executive law to add a statute
of limitations of ten years.

Section 3 - contains the effective date.

JUSTIFICATION:
The Adirondack Park Agency was formed in 1973 to
provide for overall conservation, protection, preservation,
development and use of the unique scenic, aesthetic, wildlife,
recreational, open space, historic, ecological and natural resources
of the Adirondack Park. The resources the APA protects are very
important, but there needs to be a balance between protecting our
natural resources and the human resource needs of the people that
live and make their living in the Park.
The APA is charged with, among other responsibilities, enforcing
violations of its rules and regulations. The APA has, at times, taken
many years to enforce violations of their regulations. Frequently the
property in question has changed ownership and the new owners are
faced with correcting a violation they were totally unaware of and
one that happened many years prior to the enforcement action. We
believe there should be a limit as to how far back the APA can go
requiring correction of violations.

This bill would ease the burden
of the regulators and will also give the APA a starting point for
review.
A recent example of the need for a statute of limitations is best
illustrated in the Monda Case. The Monda's purchased a home in the
Town of Putnam, Washington County, from a family who had owned the
property for many, many years. The Monda's contacted the APA for
purposes of getting a property line adjustment. When the
representative from the APA came to look at the property, he noticed


the deck on the house, which had been there for approximately 30
years. He then notified them that they were in violation and must
remove the portion of the deck which was over 10' x 10', the
dimensions allowed by the APA. If they failed to do so, they would
face a significant fine. Had this legislation been in place, the new
owners would not be subject to a violation for which they were not
responsible.

LEGISLATIVE HISTORY:
2010: S.323 Passed Senate; A.444 Third Reading
2007: S.1253 Codes; A.444 Codes
2005-06: S.1053 Codes, A.1983 Codes
2004: S.5678-A Codes; A.9111-A Codes

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

    S. 823                                                    A. 512

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and  referred
  to the Committee on Codes

AN  ACT to amend the civil practice law and rules and the executive law,
  in  relation  to  the  statute  of  limitations  for  certain  actions
  commenced by the Adirondack park agency within the Adirondack Park

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

  Section 1. Section 212 of the civil practice law and rules is  amended
by adding a new subdivision (e) to read as follows:
  (E)  TO ENFORCE CERTAIN VIOLATIONS OF ADIRONDACK PARK AGENCY RULES AND
REGULATIONS WITHIN THE ADIRONDACK PARK. AN ACTION TO ENFORCE  VIOLATIONS
OF  THE  RULES  AND REGULATIONS OF THE ADIRONDACK PARK AGENCY WITHIN THE
ADIRONDACK PARK SHALL BE COMMENCED BY SUCH AGENCY WITHIN TEN YEARS AFTER
THE OCCURRENCE OF SUCH VIOLATION, OR IN THE EXERCISE OF REASONABLE DILI-
GENCE SHOULD HAVE BEEN DISCOVERED  BY  A  PUBLIC  SERVANT  WHO  HAS  THE
RESPONSIBILITY TO ENFORCE SUCH PROVISIONS.
  S  2.  Subdivision  1 of section 813 of the executive law, as added by
chapter 898 of the laws of 1976, is amended to read as follows:
  1. Any person who violates any provision of this article or  any  rule
or  regulation  promulgated by the agency, or the terms or conditions of
any order or permit issued by the agency pursuant to this article  shall
be  liable  to a civil penalty of not more than five hundred dollars for
each day or part thereof during which such  violation  continues.    The
civil  penalties provided by this subdivision shall be recoverable in an
action instituted in the name of the agency by the attorney  general  on
his  OR  HER  own  initiative or at the request of the agency WITHIN TEN
YEARS OF THE OCCURRENCE OF SUCH VIOLATION, OR IN THE EXERCISE OF REASON-
ABLE DILIGENCE SHOULD HAVE BEEN DISCOVERED BY A PUBLIC SERVANT  WHO  HAS
THE RESPONSIBILITY TO ENFORCE SUCH PROVISIONS.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01281-01-1

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