senate Bill S249

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (11)
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

S249 (ACTIVE) - Details

See Assembly Version of this Bill:
A1813
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง5519-a, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S3852, A4993
2017-2018: A1087

S249 (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.

S249 (ACTIVE) - Sponsor Memo

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.