Bill Text: NY A03268 | 2013-2014 | General Assembly | Introduced
Bill Title: Exempts tax districts from obligation or liability with respect to pre-existing environmental contamination or pollution; expands the jurisdiction of the court of claims; establishes there is an assumption of risk by public recreational facilities users.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2013-01-24 - referred to judiciary [A03268 Detail]
Download: New_York-2013-A03268-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3268
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
___________
Introduced by M. of A. RABBITT, KOLB, McKEVITT -- Multi-Sponsored by --
M. of A. BARCLAY -- read once and referred to the Committee on Judici-
ary
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.
19 4. To render judgment in favor of the claimant or the state, A COUNTY,
20 CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05086-01-3
A. 3268 2
1 TERM IS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW,
2 for such sum as should be paid by or to the state, A COUNTY, CITY, TOWN,
3 VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH TERM IS DEFINED
4 IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
5 S 2. The court of claims act is amended by adding a new section 9-a to
6 read as follows:
7 S 9-A. CONSTRUCTION OF "STATE". FOR PURPOSES OF THIS ACT, THE TERM
8 "STATE" SHALL BE DEEMED TO INCLUDE A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
9 DISTRICT, OR A SPECIAL DISTRICT, AS THAT TERM IS DEFINED IN SECTION ONE
10 HUNDRED TWO OF THE REAL PROPERTY TAX LAW, WHENEVER SUCH A CONSTRUCTION
11 IS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ACT WITH RESPECT TO
12 THE JURISDICTION CONFERRED BY SECTION NINE OF THIS ARTICLE PERTAINING TO
13 SUCH ENTITIES; PROVIDED THAT SUCH A CONSTRUCTION SHALL NOT BE GIVEN WHEN
14 IT WOULD CONFLICT WITH THE PROVISIONS OF THE GENERAL MUNICIPAL LAW.
15 S 3. The real property tax law is amended by adding a new section 1181
16 to read as follows:
17 S 1181. EXEMPTION OF TAX DISTRICT FROM OBLIGATION OR LIABILITY WITH
18 RESPECT TO PRE-EXISTING ENVIRONMENTAL CONTAMINATION OR POLLUTION. A TAX
19 DISTRICT SHALL NOT INCUR ANY OBLIGATION OR LIABILITY FOR (1) THE ASSESS-
20 MENT, REGISTRATION, CLEANUP, REMOVAL, ABATEMENT, DISPOSAL OR TREATMENT
21 OF ANY HAZARDOUS SUBSTANCE OR WASTE, PETROLEUM DISCHARGE, BURIED TANK OR
22 CONTAINER, TOXIC SUBSTANCE OR WASTE, ASBESTOS, LEAD PAINT, PESTICIDE,
23 RADIOACTIVE SUBSTANCE, OR OTHER ENVIRONMENTAL CONTAMINANT OR POLLUTANT
24 WHICH WAS PRESENT UPON, IN THE AIR ABOVE, OR IN THE GROUND BELOW A
25 PARCEL OF REAL PROPERTY OR (2) ANY INJURY OR DAMAGE TO PERSON OR PROPER-
26 TY RESULTING THEREFROM WHICH OCCURRED PRIOR TO THE TIME TITLE TO SUCH
27 PARCEL WAS ACQUIRED BY SUCH TAX DISTRICT PURSUANT TO THE PROVISIONS OF
28 THIS ARTICLE, UNLESS THE PRESENCE OF SUCH ENVIRONMENTAL CONTAMINANT OR
29 POLLUTANT OR SUCH PRIOR INJURY OR DAMAGE RESULTING THEREFROM WAS PHYS-
30 ICALLY CAUSED OR CONTRIBUTED TO BY SUCH TAX DISTRICT. NOR SHALL A TAX
31 DISTRICT HAVING ACQUIRED TITLE TO SUCH ENVIRONMENTALLY CONTAMINATED OR
32 POLLUTED PARCEL OF REAL PROPERTY PURSUANT TO THE PROVISIONS OF THIS
33 ARTICLE INCUR ANY SUCH OBLIGATION OR LIABILITY AS A RESULT OF THEREAFTER
34 (A) TAKING ANY ACTION TO SECURE, PRESERVE, STABILIZE, MAINTAIN, OR
35 COLLECT FROM ANY HOLDOVER OCCUPANT THEREOF THE FAIR VALUE OF THE TEMPO-
36 RARY USE AND OCCUPANCY OF SUCH PARCEL OR (B) TRANSFERRING TITLE TO SUCH
37 PARCEL TO ANY OTHER PERSON OR ENTITY, UNLESS SUCH ACTION OR TRANSFER OF
38 TITLE PHYSICALLY CONTRIBUTES TO SUCH PRE-EXISTING ENVIRONMENTAL CONTAM-
39 INATION OR POLLUTION OR PRIOR INJURY OR DAMAGE TO PERSON OR PROPERTY.
40 S 4. The general municipal law is amended by adding a new article 4-A
41 to read as follows:
42 ARTICLE 4-A
43 LIABILITY OF PUBLIC ENTITIES
44 SECTION 60. DEFINITIONS.
45 61. APPLICATION.
46 62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
47 PUBLIC RECREATIONAL FACILITIES.
48 S 60. DEFINITIONS. AS USED IN THIS ARTICLE:
49 1. "PUBLIC ENTITY" MEANS (A) A COUNTY, CITY, TOWN, VILLAGE OR ANY
50 OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE; (B) A SCHOOL
51 DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR ANY OTHER GOVERN-
52 MENTAL ENTITY OR COMBINATION OR ASSOCIATION OF GOVERNMENTAL ENTITIES
53 OPERATING A PUBLIC SCHOOL, COLLEGE OR COMMUNITY COLLEGE OR UNIVERSITY,
54 EXCEPT A STATE UNIVERSITY; (C) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT
55 OR DISTRICT CORPORATION; (D) A PUBLIC BENEFIT CORPORATION; (E) A MUNICI-
A. 3268 3
1 PAL HOUSING AUTHORITY; OR (F) ANY OTHER PUBLIC CORPORATION OR POLITICAL
2 SUBDIVISION OF THE STATE.
3 2. "OPERATOR" MEANS A PERSON OR PERSONS UNDER CONTRACT WITH A PUBLIC
4 ENTITY TO PROVIDE FOR THE OPERATION, MAINTENANCE OR BOTH OF A PUBLIC
5 RECREATIONAL FACILITY.
6 3. "PUBLIC RECREATIONAL FACILITY" MEANS A FACILITY OWNED BY A PUBLIC
7 ENTITY FOR THE USE OF THE GENERAL PUBLIC AS SPECTATORS OR PARTICIPANTS
8 IN RECREATION ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SKIING, GOLFING,
9 SWIMMING, TENNIS, ICE SKATING OR ICE HOCKEY FACILITIES, TOGETHER WITH
10 ALL BUILDINGS, STRUCTURES, MACHINERY, EQUIPMENT, FACILITIES AND APPURTE-
11 NANCES THERETO.
12 S 61. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
13 CAUSES OF ACTION FOR PERSONAL INJURY, INJURY TO PROPERTY OR WRONGFUL
14 DEATH AGAINST A PUBLIC ENTITY.
15 S 62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
16 PUBLIC RECREATIONAL FACILITIES. IN ORDER TO ENCOURAGE THE GRANTING OF
17 ACCESS TO PUBLIC RECREATIONAL FACILITIES, IT IS HEREBY DECLARED THAT USE
18 BY THE PUBLIC OF SUCH FACILITIES INCLUDES AN ASSUMPTION OF RISK BY THE
19 USER. NOTWITHSTANDING THE PROVISIONS OF SECTION 5-326 OF THE GENERAL
20 OBLIGATIONS LAW, ACTIONS FOR INJURIES SUSTAINED ON OR IN PUBLIC RECRE-
21 ATIONAL FACILITIES, INCLUDING EQUIPMENT, DEVICES, ATTRACTIONS, RIDES OR
22 OTHERWISE, SHALL BE ALLOWED ONLY IF SUCH INJURIES AROSE FROM WILLFUL,
23 WANTON OR GROSS NEGLIGENCE ON THE PART OF THE PUBLIC ENTITY OR OPERATOR.
24 S 5. This act shall take effect immediately; provided, however, the
25 provisions of sections one and two of this act shall take effect on the
26 one hundred eightieth day after it shall have become a law; and provided
27 further, that the provisions of this act shall apply only to causes of
28 action commenced on or after the effective date of each applicable
29 section.
