What's happening
This bill repeals a law requiring the commissioner of transportation's consent to settle or compromise claims related to the canal.
Why it matters
Streamlines claim settlements. By removing the requirement for the commissioner of transportation's consent, the process for settling or compromising claims related to the canal may become faster and less bureaucratic, potentially benefiting claimants seeking timely resolution.
Shifts responsibility and accountability. The repeal suggests that another entity (likely the New York Power Authority or the court itself) will have greater autonomy in handling canal-related claims, potentially changing oversight and accountability structures.
May affect state liability management. Without the commissioner's approval, there may be changes in how risk and financial exposure from canal-related claims are managed, which could have budgetary impacts or influence future claims practices.
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Who cares
Headline styles
End Canal Settlement Consent
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Canal Settlement Consent
In Senate Committee · Judiciary · Sponsor Albert A. Stirpe
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5542
2017-2018 Regular Sessions
IN SENATE
April 7, 2017
Introduced by Sen. GRIFFO -- (at request of the New York Power Authority) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to repeal section 21 of the court of claims act relating to eliminating consent by the commissioner of transportation to settle or compromise claims relating to the canal
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 21 of the court of claims act is REPEALED.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10153-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to repeal section 21 of the court of claims act relating to eliminating consent by the commissioner of transportation to settle or compromise claims relating to the canal
Purpose of bill
This bill would eliminate the need to obtain the consent from the Commissioner of Transportation in order to settle or compromise claims relating to the State Canal System.
Summary of provisions
Section 1 of the bill would repeal Section 21 of the Court of Claims Act, an obsolete provision providing for written consent of the Commissioner of Transportation to settle or compromise claims relating to the State Canal System.
Section 2 of the bill would make it effective immediately.
Justification
Court of Claims Act § 21 provides that "(n)o claims brought against the state on account of the canal shall be settled or compromised for any amount without the written consent thereto by the commissioner of transportation or his duly authorized representative."
In 1992, jurisdiction regarding the Canal System was transferred from the Commissioner of Transportation to the New York State Thruway Authority. Effective January 1, 2017, as specified in Part TT of Chapter 54 of the Laws of 2016, such jurisdiction was transferred from the Thruway Authority to the New York Power Authority ("NYPA"), and the Canal Corporation has since become a NYPA subsidiary. Since jurisdiction over the Canal System was long ago transferred from the Commissioner, the Commissioner's consent to settle or compromise Canal-related claims it is no longer necessary or appropriate.
Prior legislative history
The repeal of Court of Claims Act § 21 was proposed in 2014 as part of a larger legislative proposal. The bill passed the Assembly (A-9913).
Fiscal implications
None.
Effective date
The bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.