|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|
senate Bill S823
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S823 - Details
S823 - Summary
Establishes a ten year statute of limitations to enforce violations of rules and regulations of Adirondack park agency committed within the Adirondack park.
S823 - Sponsor Memo
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.
S823 - Bill Text download pdf
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.
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.