Bill Text: NY S03852 | 2013-2014 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-23 - referred to judiciary [S03852 Detail]

Download: New_York-2013-S03852-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3852--B
           Cal. No. 665
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 22, 2013
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Judiciary --  commit-
         tee  discharged  and  said bill committed to the Committee on Rules --
         ordered to a third reading, amended and ordered  reprinted,  retaining
         its  place in the order of third reading -- recommitted to the Commit-
         tee on Judiciary in accordance with Senate Rule 6, sec. 8 --  reported
         favorably  from  said  committee,  ordered to first and second report,
         ordered to a third reading, amended and ordered  reprinted,  retaining
         its place in the order of third reading
       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:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 5519-a to read as follows:
    3    S 5519-A. STAY OF ENFORCEMENT FOR MASTER SETTLEMENT AGREEMENT  PARTIC-
    4  IPATING  AND NON-PARTICIPATING MANUFACTURERS OR THEIR SUCCESSORS. (A) IN
    5  CIVIL LITIGATION CONCERNING A THEORY OF LIABILITY RELATING TO THE HEALTH
    6  EFFECTS, DESIGN, OR MARKETING OF, OR REPRESENTATIONS CONCERNING, TOBACCO
    7  PRODUCTS AS  DEFINED  BY  THE  MASTER  SETTLEMENT  AGREEMENT,  AND  THAT
    8  INVOLVES  A  PARTICIPATING  OR  NON-PARTICIPATING MANUFACTURER, AS THOSE
    9  TERMS ARE DEFINED IN THE MASTER SETTLEMENT AGREEMENT, OR  ANY  OF  THEIR
   10  SUCCESSORS,  OR  PARENT  ENTITIES  FOUND TO BE LIABLE BY VIRTUE OF THEIR
   11  STATUS AS PARENT TO HAVE CONTROLLED THE CONDUCT OF SUCH MANUFACTURERS OR
   12  THEIR SUCCESSORS, THE UNDERTAKING REQUIRED DURING THE  PENDENCY  OF  ALL
   13  APPEALS  OR  DISCRETIONARY  REVIEWS  BY ANY APPELLATE COURTS IN ORDER TO
   14  STAY THE EXECUTION OF ANY JUDGMENT OR ORDER GRANTING LEGAL, EQUITABLE OR
   15  OTHER RELIEF DURING THE ENTIRE COURSE  OF  APPELLATE  REVIEW,  INCLUDING
   16  REVIEW  BY THE UNITED STATES SUPREME COURT, SHALL BE SET PURSUANT TO THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08897-04-4
       S. 3852--B                          2
    1  APPLICABLE PROVISIONS OF LAW;  PROVIDED,  HOWEVER,  THAT  THE  COURT  OF
    2  ORIGINAL  INSTANCE SHALL SET THE TOTAL UNDERTAKING REQUIRED IN AN AMOUNT
    3  NOT TO EXCEED TWO HUNDRED FIFTY MILLION DOLLARS, REGARDLESS OF THE VALUE
    4  OF  THE JUDGMENT APPEALED. NOTHING HEREIN SHALL AFFECT THE DISCRETION OF
    5  AN APPELLATE COURT PURSUANT TO SUBDIVISION  (C)  OF  SECTION  FIFTY-FIVE
    6  HUNDRED  NINETEEN OF THIS ARTICLE.  WHERE THE COURT SETS THE UNDERTAKING
    7  IN AN AMOUNT LESS THAN THE JUDGMENT,  THE  APPEAL  SHALL  BE  DILIGENTLY
    8  PROSECUTED IN GOOD FAITH.
    9    (B)  AS USED IN THIS SECTION, "MASTER SETTLEMENT AGREEMENT" SHALL HAVE
   10  THE SAME MEANING AS SET FORTH IN SUBDIVISION FIVE  OF  SECTION  THIRTEEN
   11  HUNDRED NINETY-NINE-OO OF THE PUBLIC HEALTH LAW.
   12    (C)  NOTHING  CONTAINED  IN  THIS SECTION SHALL BE READ TO ALLOW:  (I)
   13  SUCH PARTICIPATING MANUFACTURER  TO  CURTAIL  ITS  FINANCIAL  OBLIGATION
   14  UNDER  THE  MASTER  SETTLEMENT AGREEMENT; OR (II) SUCH NON-PARTICIPATING
   15  MANUFACTURER TO CURTAIL ITS OBLIGATION TO PLACE THE AMOUNTS SPECIFIED IN
   16  SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED NINETY-NINE-PP OF THE PUBLIC
   17  HEALTH LAW INTO A QUALIFIED ESCROW FUND AS DEFINED IN SUBDIVISION SIX OF
   18  SECTION THIRTEEN HUNDRED NINETY-NINE-OO OF THE PUBLIC HEALTH LAW.
   19    S 2. This act shall take effect on the thirtieth day  after  it  shall
   20  have  become a law, and shall apply to any cause of action pending on or
   21  filed on or after such effective date.