Bill Text: NY A01362 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the court of claims act, in relation to expanding the jurisdiction of the court of claims; to amend the real property tax law, in relation to the exemption of tax districts from obligation or liability with respect to pre-existing environmental contamination or pollution; and to amend the general municipal law, in relation to liability of public entities
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2010-06-03 - held for consideration in judiciary [A01362 Detail]
Download: New_York-2009-A01362-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1362
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. RABBITT, KOLB, McKEVITT -- Multi-Sponsored by --
M. of A. BARCLAY, MOLINARO -- read once and referred to the Committee
on Judiciary
AN ACT to amend the court of claims act, in relation to expanding the
jurisdiction of the court of claims; to amend the real property tax
law, in relation to the exemption of tax districts from obligation or
liability with respect to pre-existing environmental contamination or
pollution; and to amend the general municipal law, in relation to
liability of public entities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 2, 3 and 4 of section 9 of the court of claims
2 act, subdivision 2 as amended by chapter 40 of the laws of 1977, are
3 amended to read as follows:
4 2. To hear and determine a claim of any person, corporation or munici-
5 pality against the state, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
6 DISTRICT, OR A SPECIAL DISTRICT, AS SUCH TERM IS DEFINED IN SECTION ONE
7 HUNDRED TWO OF THE REAL PROPERTY TAX LAW, for the appropriation of any
8 real or personal property or any interest therein, for the breach of
9 contract, express or implied, or for the torts of its officers or
10 employees while acting as such officers or employees, providing the
11 claimant complies with the limitations of this article. For the
12 purposes of this act only, a real property tax lien shall be deemed to
13 be an interest in real property.
14 3. To hear and determine any claim in favor of the state, A COUNTY,
15 CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH
16 TERM IS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW,
17 against the claimant, or against his assignor at the time of the assign-
18 ment.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04078-01-9
A. 1362 2
1 4. To render judgment in favor of the claimant or the state, A COUNTY,
2 CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH
3 TERM IS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW,
4 for such sum as should be paid by or to the state, A COUNTY, CITY, TOWN,
5 VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH TERM IS DEFINED
6 IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
7 S 2. The court of claims act is amended by adding a new section 9-a to
8 read as follows:
9 S 9-A. CONSTRUCTION OF "STATE". FOR PURPOSES OF THIS ACT, THE TERM
10 "STATE" SHALL BE DEEMED TO INCLUDE A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
11 DISTRICT, OR A SPECIAL DISTRICT, AS THAT TERM IS DEFINED IN SECTION ONE
12 HUNDRED TWO OF THE REAL PROPERTY TAX LAW, WHENEVER SUCH A CONSTRUCTION
13 IS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ACT WITH RESPECT TO
14 THE JURISDICTION CONFERRED BY SECTION NINE OF THIS ARTICLE PERTAINING TO
15 SUCH ENTITIES; PROVIDED THAT SUCH A CONSTRUCTION SHALL NOT BE GIVEN WHEN
16 IT WOULD CONFLICT WITH THE PROVISIONS OF THE GENERAL MUNICIPAL LAW.
17 S 3. The real property tax law is amended by adding a new section 1181
18 to read as follows:
19 S 1181. EXEMPTION OF TAX DISTRICT FROM OBLIGATION OR LIABILITY WITH
20 RESPECT TO PRE-EXISTING ENVIRONMENTAL CONTAMINATION OR POLLUTION. A TAX
21 DISTRICT SHALL NOT INCUR ANY OBLIGATION OR LIABILITY FOR (1) THE ASSESS-
22 MENT, REGISTRATION, CLEANUP, REMOVAL, ABATEMENT, DISPOSAL OR TREATMENT
23 OF ANY HAZARDOUS SUBSTANCE OR WASTE, PETROLEUM DISCHARGE, BURIED TANK OR
24 CONTAINER, TOXIC SUBSTANCE OR WASTE, ASBESTOS, LEAD PAINT, PESTICIDE,
25 RADIOACTIVE SUBSTANCE, OR OTHER ENVIRONMENTAL CONTAMINANT OR POLLUTANT
26 WHICH WAS PRESENT UPON, IN THE AIR ABOVE, OR IN THE GROUND BELOW A
27 PARCEL OF REAL PROPERTY OR (2) ANY INJURY OR DAMAGE TO PERSON OR PROPER-
28 TY RESULTING THEREFROM WHICH OCCURRED PRIOR TO THE TIME TITLE TO SUCH
29 PARCEL WAS ACQUIRED BY SUCH TAX DISTRICT PURSUANT TO THE PROVISIONS OF
30 THIS ARTICLE, UNLESS THE PRESENCE OF SUCH ENVIRONMENTAL CONTAMINANT OR
31 POLLUTANT OR SUCH PRIOR INJURY OR DAMAGE RESULTING THEREFROM WAS PHYS-
32 ICALLY CAUSED OR CONTRIBUTED TO BY SUCH TAX DISTRICT. NOR SHALL A TAX
33 DISTRICT HAVING ACQUIRED TITLE TO SUCH ENVIRONMENTALLY CONTAMINATED OR
34 POLLUTED PARCEL OF REAL PROPERTY PURSUANT TO THE PROVISIONS OF THIS
35 ARTICLE INCUR ANY SUCH OBLIGATION OR LIABILITY AS A RESULT OF THEREAFTER
36 (A) TAKING ANY ACTION TO SECURE, PRESERVE, STABILIZE, MAINTAIN, OR
37 COLLECT FROM ANY HOLDOVER OCCUPANT THEREOF THE FAIR VALUE OF THE TEMPO-
38 RARY USE AND OCCUPANCY OF SUCH PARCEL OR (B) TRANSFERRING TITLE TO SUCH
39 PARCEL TO ANY OTHER PERSON OR ENTITY, UNLESS SUCH ACTION OR TRANSFER OF
40 TITLE PHYSICALLY CONTRIBUTES TO SUCH PRE-EXISTING ENVIRONMENTAL CONTAM-
41 INATION OR POLLUTION OR PRIOR INJURY OR DAMAGE TO PERSON OR PROPERTY.
42 S 4. The general municipal law is amended by adding a new article 4-A
43 to read as follows:
44 ARTICLE 4-A
45 LIABILITY OF PUBLIC ENTITIES
46 SECTION 60. DEFINITIONS.
47 61. APPLICATION.
48 62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
49 PUBLIC RECREATIONAL FACILITIES.
50 S 60. DEFINITIONS. AS USED IN THIS ARTICLE:
51 1. "PUBLIC ENTITY" MEANS (A) A COUNTY, CITY, TOWN, VILLAGE OR ANY
52 OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE; (B) A SCHOOL
53 DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR ANY OTHER GOVERN-
54 MENTAL ENTITY OR COMBINATION OR ASSOCIATION OF GOVERNMENTAL ENTITIES
55 OPERATING A PUBLIC SCHOOL, COLLEGE OR COMMUNITY COLLEGE OR UNIVERSITY,
56 EXCEPT A STATE UNIVERSITY; (C) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT
A. 1362 3
1 OR DISTRICT CORPORATION; (D) A PUBLIC BENEFIT CORPORATION; (E) A MUNICI-
2 PAL HOUSING AUTHORITY; OR (F) ANY OTHER PUBLIC CORPORATION OR POLITICAL
3 SUBDIVISION OF THE STATE.
4 2. "OPERATOR" MEANS A PERSON OR PERSONS UNDER CONTRACT WITH A PUBLIC
5 ENTITY TO PROVIDE FOR THE OPERATION, MAINTENANCE OR BOTH OF A PUBLIC
6 RECREATIONAL FACILITY.
7 3. "PUBLIC RECREATIONAL FACILITY" MEANS A FACILITY OWNED BY A PUBLIC
8 ENTITY FOR THE USE OF THE GENERAL PUBLIC AS SPECTATORS OR PARTICIPANTS
9 IN RECREATION ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SKIING, GOLFING,
10 SWIMMING, TENNIS, ICE SKATING OR ICE HOCKEY FACILITIES, TOGETHER WITH
11 ALL BUILDINGS, STRUCTURES, MACHINERY, EQUIPMENT, FACILITIES AND APPURTE-
12 NANCES THERETO.
13 S 61. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
14 CAUSES OF ACTION FOR PERSONAL INJURY, INJURY TO PROPERTY OR WRONGFUL
15 DEATH AGAINST A PUBLIC ENTITY.
16 S 62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
17 PUBLIC RECREATIONAL FACILITIES. IN ORDER TO ENCOURAGE THE GRANTING OF
18 ACCESS TO PUBLIC RECREATIONAL FACILITIES, IT IS HEREBY DECLARED THAT USE
19 BY THE PUBLIC OF SUCH FACILITIES INCLUDES AN ASSUMPTION OF RISK BY THE
20 USER. NOTWITHSTANDING THE PROVISIONS OF SECTION 5-326 OF THE GENERAL
21 OBLIGATIONS LAW, ACTIONS FOR INJURIES SUSTAINED ON OR IN PUBLIC RECRE-
22 ATIONAL FACILITIES, INCLUDING EQUIPMENT, DEVICES, ATTRACTIONS, RIDES OR
23 OTHERWISE, SHALL BE ALLOWED ONLY IF SUCH INJURIES AROSE FROM WILLFUL,
24 WANTON OR GROSS NEGLIGENCE ON THE PART OF THE PUBLIC ENTITY OR OPERATOR.
25 S 5. This act shall take effect immediately; provided, however, the
26 provisions of sections one and two of this act shall take effect on the
27 one hundred eightieth day after it shall have become a law; and provided
28 further, that the provisions of this act shall apply only to causes of
29 action commenced on or after the effective date of each applicable
30 section.
