Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 17, 2016 |
referred to judiciary delivered to assembly passed senate ordered to third reading cal.1979 committee discharged and committed to rules |
Jun 03, 2016 |
referred to judiciary |
Senate Bill S8002
2015-2016 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
2015-S8002 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add ยง5519-a, CPLR
- Versions Introduced in 2017-2018 Legislative Session:
-
S3129
2015-S8002 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8002 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to enacting the "local government jobs and revenue protection act of 2016" PURPOSE : The purpose of this bill is to enact the Local Government Jobs and Revenue Protection Act of 2016 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
2015-S8002 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8002 I N S E N A T E June 3, 2016 ___________ 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 enact- ing the "local government jobs and revenue protection act of 2016" 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 the "local government jobs and revenue protection act of 2016." S 2. Legislative intent. New York state, New York city and county governments throughout the state are the recipients of hundred 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 fourteen billion dollars. These funds are vitally important and any disruption in these payments would put the recipients at financial risk. The legislature hereby finds that it is in the public interest to enact the "local government jobs and revenue protection act of 2016" 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 judgement against master settlement agreement signatories, affiliates, successors and non-participating manufacturers. 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 TOBACCO PRODUCT MASTER SETTLEMENT AGREEMENT PARTICIPATING OR NON-PARTICIPATING MANUFACTURERS OR THEIR SUCCESSORS OR AFFILIATES. (A) IN CIVIL LITIGATION UNDER ANY LEGAL THEORY INVOLVING A PARTICIPATING MANUFACTURER OR A NON-PARTICIPATING MANUFAC- TURER, AS THOSE TERMS ARE DEFINED IN THE MASTER SETTLEMENT AGREEMENT, OR ANY OF THEIR SUCCESSORS OR AFFILIATES, 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 OR COURT RULES; PROVIDED, HOWEVER THAT THE TOTAL UNDERTAKING REQUIRED OF ALL APPELLANTS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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