Requires civil causes of action against the natural heritage trust to be commenced in the court of claims; repealer

BILL NUMBER:A8640

Title of bill

An act to amend the arts and cultural affairs law, in relation to actions against the natural heritage trust; and to repeal section 55.23 of such law relating thereto

Purpose of bill

To protect the resources of the Natural Heritage Trust (hereafter, "the Trust") thereby encouraging the continued use of the Natural Heritage Trust as a focal point for the receipt of private and public donations to further conservation, outdoor recreation, historic preservation, and improvements to local waterfronts throughout the State.

Summary of provisions

The bill repeals section 55,23 of the Arts and Cultural Affairs Law and adds a new section 55.23 to confer exclusive jurisdiction of all claims against the Trust in the Court of Claims and to specify that any awards or judgments against the Trust shall be paid by appropriations made by the State.

Justification

The Trust is a public benefit corporation initially created by Chapter 653 of the Laws of 1968. The Trust was created to serve as a focal point for the receipt of private gifts and donations to further the State's efforts to conserve its natural and historic resources. In 2001, Article 55 was amended to include the Secretary of State as a member of the Trust and to expand its corporate purposes to include the revitalization and restoration of the State's waterfronts. In addition to the Secretary of State, the Commissioners of the Office of Parks, Recreation and Historic Preservation and the Department of Environmental Conservation, and the Chair of the State Council of Parks and Outdoor Recreation serve as members of the Trust.

Because donations to the Trust are in most cases tax deductible, in the years since its creation the Trust has served as the preferred mechanism for private donations of land and money to further important public conservation initiatives. Donations to the Trust fund a vast array of environmental and cultural education programs and performances as well as numerous sporting events and recreational programs. Examples of the public programs that have received funding from the Natural Heritage Trust include: Shakespeare in the Park, the Games for the Physically Challenged, and beach grass planting for dune stabilization to name just a few. The Trust has also been instrumental in attracting private donations for the purchase of land for conservation and recreation, such as Sterling Forest State Park, and for securing donations for the construction of park facilities such as the Theodore Roosevelt Nature Center at Jones Beach, Emma Treadwell Thacher Nature Center at Thompson's Lake State Park, and the refurbishment of the Anderson School House to serve as the Taconic Regional headquarters of the Office of Parks, Recreation and Historic Preservation.

While there are no records of lawsuits involving the Trust during its existence, it remains unclear under the statute whether the State would appropriate money to satisfy any judgments or awards that might be

rendered in the future. This legislation is needed to ensure that any claims made against the Trust will be heard and determined in the Court of Claims and that any judgments or awards will be paid for by appropri- ations made by the State. Considering the instrumental support the Trust provides to state programs and the importance of protecting the assets of the Trust, it is appropriate for the State to assume responsibility for claims against the Trust in this manner.

Legislative history

New bill.

Fiscal implications

None known at this time.

Effective date

This act shall take effect immediately.