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This entry was published on 2014-09-22
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SECTION 1020-BB
Exculpation
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-A
§ 1020-bb. Exculpation. 1. The trustees and officers of the authority,
while acting within the scope of their authority as trustees or
officers, shall not be subject to any personal or civil liability
resulting from the exercise, carrying out or advocacy of any of the
authority's purposes or powers, unless the conduct of the trustees or
officers is finally determined by a court of competent jurisdiction to
constitute intentional wrongdoing.

2. The provisions of section seventeen of the public officers law
shall apply to trustees and officers of the authority, in connection
with any and all claims, demands, suits, actions or proceedings which
may be made or brought against any of them arising out of any
determinations made or actions taken or omitted to be taken in
compliance with any obligations under or pursuant to the terms of this
title.

3. Notwithstanding any other provisions of law to the contrary, the
provisions of section eighteen of the public officers law shall apply to
the employees of the authority, in connection with any and all claims,
demands, suits, actions or proceedings which may be brought against any
of them arising out of any determinations made or actions taken or
omitted to be taken in compliance with any obligations under or pursuant
to the terms of this title. Whenever the provisions of section seventeen
of the public officers law do not apply to the trustees and officers of
the authority, the provisions of section eighteen of the public officers
law shall apply to such trustees and officers.

4. Any costs incurred by the state in accordance with subdivision two
of this section shall be treated as advances by the state to the
authority, and shall be repaid to it without interest either out of the
proceeds of bonds issued by the authority pursuant to the provisions of
this title, or by the delivery of non-interest bearing bonds of the
authority to the state for all or any part of such advances, or out of
excess revenues of the authority, at such times and on such conditions
as the state and the authority mutually may agree upon. Any agreement
entered into by the state and the authority for the repayment of any
costs incurred pursuant to subdivision two of this section, shall be
subject to the approval of the public authorities control board.

5. As used in this section, the terms "trustee", "officer" and
"employee" shall include a former trustee, officer or employee and his
or her estate or judicially appointed personal representative.