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 |
Senate Bill S3852B
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S3852 - Details
2013-S3852 - Sponsor Memo
BILL NUMBER:S3852 TITLE OF BILL: 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 PURPOSE: The purpose of this bill is to safeguard the flow of funds under the tobacco master settlement agreement ("MSA") to the state and local governments by limiting the bond that MSA signatories and their successors and affiliates and nonparticipating manufacturers must post to stay the execution of a judgment during appeal to two-hundred fifty million dollars of which 30 percent must be posted in cash, regardless of the value of the judgment. SUMMARY OF PROVISIONS: This bill would provide that the maximum aggregate undertaking required staying the execution of a judgment involving a signatory, a successor to a signatory, or an affiliate of a signatory to the MSA or a nonparticipating manufacturer shall not exceed $250 million of which 30 percent must be in cash. This bill also would provide that a court may require a higher bond in an amount not to exceed the total amount of the judgment if the appellee demonstrates by preponderance of the evidence that a defendant is improperly dissipating assets outside the ordinary course of business in order to avoid Payment of a judgment.
2013-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
2013-S3852A - Details
2013-S3852A - Sponsor Memo
BILL NUMBER:S3852A REVISED 6/14/13 TITLE OF BILL: 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 PURPOSE: The purpose of this bill is to safeguard the flow of funds under the tobacco master settlement agreement ("MSA") to the state and local governments by limiting the bond that MSA signatories and their parents and successors and nonparticipating manufacturers must post to stay the execution of a judgment during appeal to two-hundred fifty million dollars regardless of the value of the judgment. SUMMARY OF PROVISIONS: This bill would provide that the maximum aggregate undertaking required staying the execution of a judgment involving a signatory, a parent or a successor to a signatory to the MSA or a nonparticipating manufacturer shall not exceed $250 million. This bill also would provide that a court may require a higher bond in an amount not to exceed the total amount of the judgment if the appellee demonstrates by preponderance of the evidence that a defendant is improperly dissipating assets outside the ordinary course of business in order to avoid Payment of a judgment. The bill provides that if the appeal is not diligently prosecuted in good faith, the court may lift the stay of enforcement. In addition,
2013-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.
2013-S3852B (ACTIVE) - Details
2013-S3852B (ACTIVE) - Sponsor Memo
BILL NUMBER:S3852B TITLE OF BILL: 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 PURPOSE: The purpose of this bill is to safeguard the flow of funds under the tobacco master settlement agreement ("MSA") to the state and local governments by limiting the bond that MSA signatories and their successors and affiliates and nonparticipating manufacturers must post to stay the execution of a judgment during appeal to two-hundred fifty million dollars. SUMMARY OF PROVISIONS: This bill would provide that the maximum aggre- gate undertaking required staying the execution of a judgment involving a signatory, a successor to a signatory, or an affiliate of a signatory to the MSA or a nonparticipating manufacturer shall not exceed $250. For purposes of this bill, the term "master settlement agreement" shall mean the settlement agreement (and related documents) entered into on November 23, 1999 by the state and leading United States tobacco product manufacturers, as defined in Section 1399-00 of the Public Health Codes. JUSTIFICATION: The Tobacco Master Settlement Agreement is vitally impor- tant to New York State, its local governments and other states. It
2013-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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