Relates to the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation

BILL NUMBER:S2155

Title of bill

An act to amend the civil practice law and rules, the general municipal law and the New York city health and hospitals corpo- ration act, in relation to the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation; and to amend chapter 500 of the laws of 2012, amending the civil practice law and rules and other laws, relating to establishing a uniform process and requirement for the filing of notices of claim prior to the commencement of a cause of action against any state or municipal entity, public authority or public benefit corporation, in relation to the effectiveness thereof

Purpose or general idea of bill

This bill makes technical corrections to chapter 500 of the laws of 2012, concerning the filing of Notices of Claim against public corporations 142. the Secretary of State.

Summary of specific provisions

This bill clarifies the definition of "public corporation" referencing the General Construction Law; clarifies the extent to which disbursements associated with service of a Notice of Claim upon the Secretary of State are taxable; clarifies that an elec- tronic mail address may be used by the Secretary of State to transmit a Notice of Claim to the public corporation; permits the Secretary of State to issue rules or regulations in order to implement service of Notices of Claim upon the Secretary of State; extends from 90 to 100 days the time period in which a public corporation may request a hearing pursuant to General Municipal Law Sec. 50-h, where a Notice of Claim was served via the Secretary of State; extends from 30 to 40 days the time period which must elapse subsequent to service of a Notice of Claim prior to commencing a local action.

Effects of present law which this bill would alter

Would amend the General Municipal Law as described herein.

Justification

This chapter amendment makes technical changes to the General Municipal Law to the extent that service of e Notice of Claim against a Public corporation is permitted. The most significant change in the bill extends two time periods for a ten day Period. The General Municipal Law, at Sections 50-e, 50-h, and 50-i, gives public corpo- rations the right to investigate and/or adjust claims against them with- in 30 days of the filing of a Notice of Claim against them. Likewise, existing law Gives public corporations the right to conduct a hearing of the claimant within 90 days of the filing of a Notice of Claim. Since the Chapter of the Laws of 2012 which this bill is amending gives the Secretary of State 10 days to transmit the Notice of Claim to the public corporation, this chapter amendment extends the 30 and the 90 day time periods referred to above, in the instance where service is effected via the Secretary of State, by an additional 10 days, such that the public corporation is not prejudiced by having their 30 and 90 day time periods effectively shortened due to any time lag in the transmission of Notices of Claim to the public corporation.

Prior legislative history

This is a new bill.

Fiscal implications for state and local governments

None.

Effective date

As per the same effective date of Ch. 500 of the Laws of 2012. Specifically, 160 days from the date that said act shall become law, with the exception of Sec. 4 of the above which takes effect 210 days from the date that said act shall become law.