senate Bill S3852B

2013-2014 Legislative Session

Relates to the undertaking required during the pendency of a stay of enforcement of a judgment under the master settlement agreement

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Archive: Last Bill Status -


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 23, 2014 referred to judiciary
Jun 20, 2014 delivered to assembly
passed senate
Jun 16, 2014 amended on third reading 3852b
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.665
Jan 08, 2014 referred to judiciary
returned to senate
died in assembly
Jun 21, 2013 referred to judiciary
delivered to assembly
passed senate
Jun 13, 2013 amended on third reading 3852a
Jun 10, 2013 ordered to third reading cal.1190
committee discharged and committed to rules
Feb 22, 2013 referred to judiciary

Votes

view votes

May 13, 2014 - Judiciary committee Vote

S3852A
16
5
committee
16
Aye
5
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 10, 2013 - Rules committee Vote

S3852
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S3852 - Details

See Assembly Version of this Bill:
A4993B
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5519-a, CPLR

S3852 - Summary

Relates to the undertaking required during the pendency of a stay of enforcement of a judgment against a participating or non-participating manufacturer under the master settlement agreement.

S3852 - Sponsor Memo

S3852 - Bill Text download pdf

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

                                  3852

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 22, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  undertaking required during the pendency of a stay of enforcement of a
  judgment  against  a  participating  or non-participating manufacturer
  under the master settlement agreement

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

  Section  1.  This  act  shall  be known and may be cited as "state and
local government master settlement agreement proceeds safeguard act."
  S 2. Legislative intent. New York state,  New  York  city  and  county
governments  throughout  the  state  are  the  recipients of hundreds of
millions of dollars each year under the master settlement agreement. The
total of all master settlement payments to these  governments  over  the
years has so far exceeded eleven billion dollars. These funds are vital-
ly  important and any disruption in these payments would put the recipi-
ents at financial risk. The legislature hereby finds that it is  in  the
public  interest to enact the "state and local government master settle-
ment agreement proceeds safeguard act" in order to continue the flow  of
these  funds  to  the  state  and local governments which depend on this
revenue during the appeal of a judgment against master settlement agree-
ment signatories, affiliates, successors and non-participating  manufac-
turers.
  S  3.  The  civil  practice  law  and rules is amended by adding a new
section 5519-a to read as follows:
  S 5519-A. STAY OF ENFORCEMENT FOR MASTER SETTLEMENT AGREEMENT  PARTIC-
IPATING OR NON-PARTICIPATING MANUFACTURERS OR THEIR SUCCESSORS OR AFFIL-
IATES.  (A)  IN  CIVIL  LITIGATION  UNDER  ANY  LEGAL THEORY INVOLVING A
PARTICIPATING MANUFACTURER OR NON-PARTICIPATING MANUFACTURER,  AS  THOSE
TERMS  ARE  DEFINED  IN THE MASTER SETTLEMENT AGREEMENT, OR ANY OF THEIR
SUCCESSORS OR AFFILIATES, THE UNDERTAKING REQUIRED DURING  THE  PENDENCY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08897-01-3

S3852A - Details

See Assembly Version of this Bill:
A4993B
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5519-a, CPLR

S3852A - Summary

Relates to the undertaking required during the pendency of a stay of enforcement of a judgment against a participating or non-participating manufacturer under the master settlement agreement.

S3852A - Sponsor Memo

S3852A - Bill Text download pdf

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

                                 3852--A
    Cal. No. 1190

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 22, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged  and  said bill committed to the Committee on Rules --
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  undertaking required during the pendency of a stay of enforcement of a
  judgment against a  participating  or  non-participating  manufacturer
  under the master settlement agreement

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

  Section 1.  Legislative intent. The legislature hereby finds that this
amendment of the laws governing the security necessary to stay  enforce-
ment  of a judgment while on appeal is necessary to preserve the revenue
stream to the state provided under the master settlement agreement.
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 5519-a to read as follows:
  S  5519-A. STAY OF ENFORCEMENT FOR MASTER SETTLEMENT AGREEMENT PARTIC-
IPATING AND NON-PARTICIPATING MANUFACTURERS OR THEIR SUCCESSORS. (A)  IN
CIVIL LITIGATION UNDER ANY LEGAL THEORY THAT INVOLVES A PARTICIPATING OR
NON-PARTICIPATING MANUFACTURER, AS THOSE TERMS ARE DEFINED IN THE MASTER
SETTLEMENT  AGREEMENT, OR ANY OF THEIR PARENTS OR SUCCESSORS, THE UNDER-
TAKING REQUIRED DURING THE PENDENCY  OF  ALL  APPEALS  OR  DISCRETIONARY
REVIEWS  BY  ANY  APPELLATE COURTS IN ORDER TO STAY THE EXECUTION OF ANY
JUDGMENT OR ORDER GRANTING LEGAL, EQUITABLE OR OTHER RELIEF  DURING  THE
ENTIRE COURSE OF APPELLATE REVIEW, INCLUDING REVIEW BY THE UNITED STATES
SUPREME COURT, SHALL BE SET PURSUANT TO THE APPLICABLE PROVISIONS OF LAW
OR  COURT  RULES; PROVIDED, HOWEVER, THAT THE TOTAL UNDERTAKING REQUIRED
OF ALL APPELLANTS  COLLECTIVELY  SHALL  NOT  EXCEED  TWO  HUNDRED  FIFTY
MILLION  DOLLARS,  REGARDLESS  OF  THE  VALUE  OF THE JUDGMENT APPEALED.
WHERE THE COURT SETS THE UNDERTAKING IN AN AMOUNT LESS  THAN  THE  JUDG-

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

S3852B (ACTIVE) - Details

See Assembly Version of this Bill:
A4993B
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5519-a, CPLR

S3852B (ACTIVE) - Summary

Relates to the undertaking required during the pendency of a stay of enforcement of a judgment against a participating or non-participating manufacturer under the master settlement agreement.

S3852B (ACTIVE) - Sponsor Memo

S3852B (ACTIVE) - Bill Text download pdf

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

                                 3852--B
    Cal. No. 665

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 22, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged  and  said bill committed to the Committee on Rules --
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its  place in the order of third reading -- recommitted to the Commit-
  tee on Judiciary in accordance with Senate Rule 6, sec. 8 --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  undertaking required during the pendency of a stay of enforcement of a
  judgment against a  participating  or  non-participating  manufacturer
  under the master settlement agreement

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

  Section 1. The civil practice law and rules is amended by adding a new
section 5519-a to read as follows:
  S 5519-A. STAY OF ENFORCEMENT FOR MASTER SETTLEMENT AGREEMENT  PARTIC-
IPATING  AND NON-PARTICIPATING MANUFACTURERS OR THEIR SUCCESSORS. (A) IN
CIVIL LITIGATION CONCERNING A THEORY OF LIABILITY RELATING TO THE HEALTH
EFFECTS, DESIGN, OR MARKETING OF, OR REPRESENTATIONS CONCERNING, TOBACCO
PRODUCTS AS  DEFINED  BY  THE  MASTER  SETTLEMENT  AGREEMENT,  AND  THAT
INVOLVES  A  PARTICIPATING  OR  NON-PARTICIPATING MANUFACTURER, AS THOSE
TERMS ARE DEFINED IN THE MASTER SETTLEMENT AGREEMENT, OR  ANY  OF  THEIR
SUCCESSORS,  OR  PARENT  ENTITIES  FOUND TO BE LIABLE BY VIRTUE OF THEIR
STATUS AS PARENT TO HAVE CONTROLLED THE CONDUCT OF SUCH MANUFACTURERS OR
THEIR SUCCESSORS, THE UNDERTAKING REQUIRED DURING THE  PENDENCY  OF  ALL
APPEALS  OR  DISCRETIONARY  REVIEWS  BY ANY APPELLATE COURTS IN ORDER TO
STAY THE EXECUTION OF ANY JUDGMENT OR ORDER GRANTING LEGAL, EQUITABLE OR
OTHER RELIEF DURING THE ENTIRE COURSE  OF  APPELLATE  REVIEW,  INCLUDING
REVIEW  BY THE UNITED STATES SUPREME COURT, SHALL BE SET PURSUANT TO THE

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

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