Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 01, 2016 |
recommit, enacting clause stricken |
Jan 06, 2016 |
referred to judiciary returned to senate died in assembly |
Jun 10, 2015 |
referred to judiciary delivered to assembly passed senate |
Mar 02, 2015 |
advanced to third reading |
Feb 26, 2015 |
2nd report cal. |
Feb 25, 2015 |
1st report cal.109 |
Jan 07, 2015 |
referred to judiciary |
Senate Bill S249
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Stricken
- 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
2015-S249 (ACTIVE) - Details
2015-S249 (ACTIVE) - Sponsor Memo
BILL NUMBER: S249 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 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. 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. For purposes of this bill, the term "master settlement agreement" shall mean the settlement agreement (and related documents) entered
2015-S249 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 249 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ 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. 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 APPLICABLE PROVISIONS OF LAW; PROVIDED, HOWEVER, THAT THE COURT OF ORIGINAL INSTANCE SHALL SET THE TOTAL UNDERTAKING REQUIRED IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY MILLION DOLLARS, REGARDLESS OF THE VALUE OF THE JUDGMENT APPEALED. NOTHING HEREIN SHALL AFFECT THE DISCRETION OF AN APPELLATE COURT PURSUANT TO SUBDIVISION (C) OF SECTION FIFTY-FIVE HUNDRED NINETEEN OF THIS ARTICLE. WHERE THE COURT SETS THE UNDERTAKING EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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