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Assembly Bill A5811

2013-2014 Legislative Session

Requires civil causes of action against the natural heritage trust to be commenced in the court of claims; repealer

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Archive: Last Bill Status - In Assembly Committee

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2013-A5811 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Rpld & add ยง55.23, Arts & Cul L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8640
2011-2012: A5556

2013-A5811 (ACTIVE) - Summary

Requires civil causes of action against the natural heritage trust to be commenced in the court of claims.

2013-A5811 (ACTIVE) - Bill Text download pdf 

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

                                  5811

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, CAHILL, JAFFEE, TITONE, CASTRO, COOK
  --  Multi-Sponsored  by -- M. of A. BRENNAN, GABRYSZAK, MAISEL -- read
  once and referred to the Committee on Judiciary

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  actions  against  the  natural  heritage  trust; and to repeal section
  55.23 of such law relating thereto

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

  Section  1.  Section  55.23  of  the  arts and cultural affairs law is
REPEALED and a new section 55.23 is added to read as follows:
  S 55.23. ACTIONS AGAINST THE TRUST. EXCLUSIVE JURISDICTION  IS  HEREBY
CONFERRED  UPON  THE COURT OF CLAIMS TO HEAR AND DETERMINE ANY CLAIMS OF
ANY PERSON BROUGHT AGAINST THE TRUST  EITHER  (A)  IN  TORT  TO  RECOVER
DAMAGES  FOR  INJURIES  TO PROPERTY OR FOR PERSONAL INJURIES OR WRONGFUL
DEATH, OR (B) FOR BREACH OF CONTRACT, IN THE  SAME  MANNER  AND  TO  THE
EXTENT  PROVIDED BY AND SUBJECT TO THE PROVISIONS OF THE COURT OF CLAIMS
ACT WITH RESPECT TO CLAIMS AGAINST THE STATE, AND  TO  MAKE  AWARDS  AND
RENDER  JUDGMENTS  THEREFOR.  THE PAYMENT OF AWARDS OR JUDGMENTS FOR ANY
SUCH CLAIM BROUGHT AGAINST THE TRUST SHALL BE MADE  FROM  APPROPRIATIONS
FOR  JUDGMENTS AGAINST THE STATE PURSUANT TO SECTION TWENTY OF THE COURT
OF CLAIMS ACT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09475-01-3

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