Enacts the "uniform notice of claim act"

Summary of provisions of bill

Section 1 of this legislation provides that this act shall be known as the "Uniform Notice of Claim Act."

Section 2 amends the civil practice law and rules to state that all notices of claim served on any entity entitled to such a notice as a condition precedent to the commencement of an action, whether the relevant statute is expressly amended by the bill or not, are subject to the requirements of general municipal law 50-e. This section also provides that the statute of limitations applicable to actions, except wrongful death actions, against such entities shall be longer of one year and ninety days or the time period specified in any other provision of law.

Section 3 amends the civil practice law and rules to state that any fee imposed by this act shall be a taxable disbursement.

Section 4 amends the general municipal law to allow notices of claim against any public corporation to be served on the Secretary of State at a location designated by the Secretary for that purpose, and requires the Secretary of State to forward a copy to the entity named in the notice of claim, Service of the notice of claim shall be complete when served on the Secretary of State.

Section 5 amends the general municipal law to allow court discretion for service upon either a public corporation or the secretary of state.

Section 6 amends the general municipal law to require entities entitled to receive a notice of claim to file a certificate with the Secretary of State that identifies the tame and address to which the Secretary of State must transmit notices of claims. Failure of an entity to file such a certificate will not invalidate any notice of claim served on the Secretary of State. This section also provides for

a $250 filing fee for service of a notice of claim on the Secretary of State, with the half of that fee to be retained by the Secretary of State and the other half provided to the entity or entities named in the notice of claim.

Sections 7 through 78 amend the specific statutory provisions governing entities entitled to a notice of claim as a condition precedent to the commencement of an action. These amendments are intended to provide unified procedures for filing a notice of claim, and specifically provide that the time limits contained in general municipal law 50-e are generally applicable, and amend relevant statute of limitations to provide a minimum time limit of one year and ninety clays to bring an action against a public corporation.

Justification

The current statutes governing the filing of notices of claim and commencing an action or proceeding against a public corporation have become confusing and unfairly difficult for all concerned, including the judiciary and the governmental entities involved. Over the years, this legislature has granted state-created governmental and quasi-governmental bodies the right to require that notification of claims to be made against them were to be made by requiring them to receive a notice of claim or other comparable document as a condition precedent to commencement of an action or proceeding. These various requirements in law have resulted in a multiplicity of sometimes disparate and confusing procedural rules and time limits. Further, the number of entities entitled by law to such notification has grown over the years to a large though uncertain number, and each entity often has its own statutory entitlement to service within a timeframe, at a certain place and in a manner not at all congruent with one another. This existing patchwork of statutes governing claims against government are neither consistent with one another, nor are they all catalogued or contained in the same, similar or readily locatable sections of the chaptered laws. The result is that even the most diligent, conscientious and able potential claimant can be misled in good faith by the lack of a uniform procedure for filing notices of claim and bringing actions against governmental and quasi- governmental entities.

In addition, costly, time-consuming and resource-wasting litigation often ensues over arcane issues of notice of claim service and other procedural quirks, unnecessarily burdening the courts as well as the agencies involved, while at the same time undermining public confidence in the reasonableness and rationality of New York's laws. This bill will provide a uniform, fair and easily engaged method of notice of claim service via the secretary of state in addition to those methods of service already existing, and thus provide a degree of uniformity to procedural rules governing actions against governmental and quasi- governmental entities.

This bill is not intended to limit, alter, eliminate or otherwise nullify existing provisions of law relating to the service of a notice of claim, but only as a means of providing an alternative method for satisfying the condition precedent to the commencement of an action or proceeding against a public corporation.

Legislative history

This is a new bill.

Fiscal implications for state and local governments

It is anticipated that this bill will provide for a net revenue gain to localities and to the State.

Effective date

This act shall take effect one hundred and eighty days from the date upon which it shall have become a law and shall apply to all actions and proceedings accruing on and after such date; provided, however, that section 78 of this act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with section 78 of this act, but if the state of New Jersey shall have enacted such legislation into law prior to the first day of January next succeeding the date upon which this act shall have become a law, section 78 of this act shall take effect one hundred and eighty days from the date upon which it shall have become a law.