S T A T E O F N E W Y O R K
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3268
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
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Introduced by M. of A. RABBITT, KOLB, McKEVITT -- Multi-Sponsored by --
M. of A. BARCLAY -- read once and referred to the Committee on Judici-
ary
AN ACT to amend the court of claims act, in relation to expanding the
jurisdiction of the court of claims; to amend the real property tax
law, in relation to the exemption of tax districts from obligation or
liability with respect to pre-existing environmental contamination or
pollution; and to amend the general municipal law, in relation to
liability of public entities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 3 and 4 of section 9 of the court of claims
act, subdivision 2 as amended by chapter 40 of the laws of 1977, are
amended to read as follows:
2. To hear and determine a claim of any person, corporation or munici-
pality against the state, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, OR A SPECIAL DISTRICT, AS SUCH TERM IS DEFINED IN SECTION ONE
HUNDRED TWO OF THE REAL PROPERTY TAX LAW, for the appropriation of any
real or personal property or any interest therein, for the breach of
contract, express or implied, or for the torts of its officers or
employees while acting as such officers or employees, providing the
claimant complies with the limitations of this article. For the
purposes of this act only, a real property tax lien shall be deemed to
be an interest in real property.
3. To hear and determine any claim in favor of the state, A COUNTY,
CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH
TERM IS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW,
against the claimant, or against his assignor at the time of the assign-
ment.
4. To render judgment in favor of the claimant or the state, A COUNTY,
CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05086-01-3
A. 3268 2
TERM IS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW,
for such sum as should be paid by or to the state, A COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH TERM IS DEFINED
IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
S 2. The court of claims act is amended by adding a new section 9-a to
read as follows:
S 9-A. CONSTRUCTION OF "STATE". FOR PURPOSES OF THIS ACT, THE TERM
"STATE" SHALL BE DEEMED TO INCLUDE A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, OR A SPECIAL DISTRICT, AS THAT TERM IS DEFINED IN SECTION ONE
HUNDRED TWO OF THE REAL PROPERTY TAX LAW, WHENEVER SUCH A CONSTRUCTION
IS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ACT WITH RESPECT TO
THE JURISDICTION CONFERRED BY SECTION NINE OF THIS ARTICLE PERTAINING TO
SUCH ENTITIES; PROVIDED THAT SUCH A CONSTRUCTION SHALL NOT BE GIVEN WHEN
IT WOULD CONFLICT WITH THE PROVISIONS OF THE GENERAL MUNICIPAL LAW.
S 3. The real property tax law is amended by adding a new section 1181
to read as follows:
S 1181. EXEMPTION OF TAX DISTRICT FROM OBLIGATION OR LIABILITY WITH
RESPECT TO PRE-EXISTING ENVIRONMENTAL CONTAMINATION OR POLLUTION. A TAX
DISTRICT SHALL NOT INCUR ANY OBLIGATION OR LIABILITY FOR (1) THE ASSESS-
MENT, REGISTRATION, CLEANUP, REMOVAL, ABATEMENT, DISPOSAL OR TREATMENT
OF ANY HAZARDOUS SUBSTANCE OR WASTE, PETROLEUM DISCHARGE, BURIED TANK OR
CONTAINER, TOXIC SUBSTANCE OR WASTE, ASBESTOS, LEAD PAINT, PESTICIDE,
RADIOACTIVE SUBSTANCE, OR OTHER ENVIRONMENTAL CONTAMINANT OR POLLUTANT
WHICH WAS PRESENT UPON, IN THE AIR ABOVE, OR IN THE GROUND BELOW A
PARCEL OF REAL PROPERTY OR (2) ANY INJURY OR DAMAGE TO PERSON OR PROPER-
TY RESULTING THEREFROM WHICH OCCURRED PRIOR TO THE TIME TITLE TO SUCH
PARCEL WAS ACQUIRED BY SUCH TAX DISTRICT PURSUANT TO THE PROVISIONS OF
THIS ARTICLE, UNLESS THE PRESENCE OF SUCH ENVIRONMENTAL CONTAMINANT OR
POLLUTANT OR SUCH PRIOR INJURY OR DAMAGE RESULTING THEREFROM WAS PHYS-
ICALLY CAUSED OR CONTRIBUTED TO BY SUCH TAX DISTRICT. NOR SHALL A TAX
DISTRICT HAVING ACQUIRED TITLE TO SUCH ENVIRONMENTALLY CONTAMINATED OR
POLLUTED PARCEL OF REAL PROPERTY PURSUANT TO THE PROVISIONS OF THIS
ARTICLE INCUR ANY SUCH OBLIGATION OR LIABILITY AS A RESULT OF THEREAFTER
(A) TAKING ANY ACTION TO SECURE, PRESERVE, STABILIZE, MAINTAIN, OR
COLLECT FROM ANY HOLDOVER OCCUPANT THEREOF THE FAIR VALUE OF THE TEMPO-
RARY USE AND OCCUPANCY OF SUCH PARCEL OR (B) TRANSFERRING TITLE TO SUCH
PARCEL TO ANY OTHER PERSON OR ENTITY, UNLESS SUCH ACTION OR TRANSFER OF
TITLE PHYSICALLY CONTRIBUTES TO SUCH PRE-EXISTING ENVIRONMENTAL CONTAM-
INATION OR POLLUTION OR PRIOR INJURY OR DAMAGE TO PERSON OR PROPERTY.
S 4. The general municipal law is amended by adding a new article 4-A
to read as follows:
ARTICLE 4-A
LIABILITY OF PUBLIC ENTITIES
SECTION 60. DEFINITIONS.
61. APPLICATION.
62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
PUBLIC RECREATIONAL FACILITIES.
S 60. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "PUBLIC ENTITY" MEANS (A) A COUNTY, CITY, TOWN, VILLAGE OR ANY
OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE; (B) A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR ANY OTHER GOVERN-
MENTAL ENTITY OR COMBINATION OR ASSOCIATION OF GOVERNMENTAL ENTITIES
OPERATING A PUBLIC SCHOOL, COLLEGE OR COMMUNITY COLLEGE OR UNIVERSITY,
EXCEPT A STATE UNIVERSITY; (C) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT
OR DISTRICT CORPORATION; (D) A PUBLIC BENEFIT CORPORATION; (E) A MUNICI-
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PAL HOUSING AUTHORITY; OR (F) ANY OTHER PUBLIC CORPORATION OR POLITICAL
SUBDIVISION OF THE STATE.
2. "OPERATOR" MEANS A PERSON OR PERSONS UNDER CONTRACT WITH A PUBLIC
ENTITY TO PROVIDE FOR THE OPERATION, MAINTENANCE OR BOTH OF A PUBLIC
RECREATIONAL FACILITY.
3. "PUBLIC RECREATIONAL FACILITY" MEANS A FACILITY OWNED BY A PUBLIC
ENTITY FOR THE USE OF THE GENERAL PUBLIC AS SPECTATORS OR PARTICIPANTS
IN RECREATION ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SKIING, GOLFING,
SWIMMING, TENNIS, ICE SKATING OR ICE HOCKEY FACILITIES, TOGETHER WITH
ALL BUILDINGS, STRUCTURES, MACHINERY, EQUIPMENT, FACILITIES AND APPURTE-
NANCES THERETO.
S 61. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
CAUSES OF ACTION FOR PERSONAL INJURY, INJURY TO PROPERTY OR WRONGFUL
DEATH AGAINST A PUBLIC ENTITY.
S 62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
PUBLIC RECREATIONAL FACILITIES. IN ORDER TO ENCOURAGE THE GRANTING OF
ACCESS TO PUBLIC RECREATIONAL FACILITIES, IT IS HEREBY DECLARED THAT USE
BY THE PUBLIC OF SUCH FACILITIES INCLUDES AN ASSUMPTION OF RISK BY THE
USER. NOTWITHSTANDING THE PROVISIONS OF SECTION 5-326 OF THE GENERAL
OBLIGATIONS LAW, ACTIONS FOR INJURIES SUSTAINED ON OR IN PUBLIC RECRE-
ATIONAL FACILITIES, INCLUDING EQUIPMENT, DEVICES, ATTRACTIONS, RIDES OR
OTHERWISE, SHALL BE ALLOWED ONLY IF SUCH INJURIES AROSE FROM WILLFUL,
WANTON OR GROSS NEGLIGENCE ON THE PART OF THE PUBLIC ENTITY OR OPERATOR.
S 5. This act shall take effect immediately; provided, however, the
provisions of sections one and two of this act shall take effect on the
one hundred eightieth day after it shall have become a law; and provided
further, that the provisions of this act shall apply only to causes of
action commenced on or after the effective date of each applicable
section.