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Assembly Bill A512

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 Assembly Committee

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2011-A512 (ACTIVE) - Details

See Senate Version of this Bill:
S823
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §212, CPLR; amd §813, Exec L
Versions Introduced in 2009-2010 Legislative Session:
A444, S323

2011-A512 (ACTIVE) - Summary

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

2011-A512 (ACTIVE) - 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.

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