Amd §10, Ct Claims Act; amd §50-e, Gen Muni L; amd §3813, Ed L
Exempts a civil claim or cause of action revived pursuant to section two hundred fourteen-j of the civil practice law and rules from certain filing and notice requirements.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6138
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the court of claims act, the general municipal law, and
the education law, in relation to the making technical corrections
regarding the filing and service of claims of adult sexual assault
survivors
PURPOSE:
To clarify that claims filed against governmental entities under the
Adult Survivors Act (Ch. 203 of 2022) do not require the filing of a
notice of claim or a notice of intention to file a claim
SUMMARY OF PROVISIONS:
Section 1 amends the court of claims act to clearly exempt claims
revived under the ASA from the requirement to file a notice of claim.
Section 2 amends the general municipal law to clearly exempt claims
revived under the ASA from the requirement to file a notice of claim.
Section 3 amends the education law to clearly exempt claims revived
under the ASA from the requirement to file a notice of claim.
Section 4 provides the effective date.
JUSTIFICATION:
The Adult Survivors Act (ASA) provided that civil claims and causes of
action arising from the commission of a sexual offense against an adult
were revived "notwithstanding . . provisions of any other law pertaining
to the filing of a notice of claim or a notice of intention to file a
claim as a condition precedent to commencement of an action or special
proceeding". The ASA did not, however, directly amend the Court of
Claims Act, General Municipal Law, or the Education Law provisions
requiring notices of claim or notices of intention to file a claim, as
the Child Victims Act before it did. While the ASA is clear that a
notice of claim or notice of intention to file a claim is not required,
this legislation will further clarify that such notices are not neces-
sary in a claim revived by the ASA.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This shall take effect immediately and shall apply to actions and
proceedings pending on or after such effective date.
STATE OF NEW YORK
________________________________________________________________________
6138
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the court of claims act, the general municipal law, and
the education law, in relation to the making technical corrections
regarding the filing and service of claims of adult sexual assault
survivors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 10 of the court of claims act, as
2 added by chapter 11 of the laws of 2019, is amended to read as follows:
3 10. Notwithstanding any provision of law to the contrary, this section
4 shall not apply to: (i) any claim to recover damages for physical,
5 psychological, or other injury or condition suffered as a result of
6 conduct which would constitute a sexual offense as defined in article
7 one hundred thirty of the penal law committed against a child less than
8 eighteen years of age, incest as defined in section 255.27, 255.26 or
9 255.25 of the penal law committed against a child less than eighteen
10 years of age, or the use of a child in a sexual performance as defined
11 in section 263.05 of the penal law committed against a child less than
12 eighteen years of age; or
13 (ii) any civil claim or cause of action revived pursuant to section
14 two hundred fourteen-j of the civil practice law and rules.
15 § 2. Paragraph (b) of subdivision 8 of section 50-e of the general
16 municipal law, as added by chapter 11 of the laws of 2019, is amended to
17 read as follows:
18 (b) This section shall not apply to: (i) any claim made for physical,
19 psychological, or other injury or condition suffered as a result of
20 conduct which would constitute a sexual offense as defined in article
21 one hundred thirty of the penal law committed against a child less than
22 eighteen years of age, incest as defined in section 255.27, 255.26 or
23 255.25 of the penal law committed against a child less than eighteen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08225-02-3
A. 6138 2
1 years of age, or the use of a child in a sexual performance as defined
2 in section 263.05 of the penal law committed against a child less than
3 eighteen years of age; or
4 (ii) any civil claim or cause of action revived pursuant to section
5 two hundred fourteen-j of the civil practice law and rules.
6 § 3. Subdivision 2 of section 3813 of the education law, as amended by
7 chapter 11 of the laws of 2019, is amended to read as follows:
8 2. Notwithstanding anything to the contrary hereinbefore contained in
9 this section, no action or special proceeding founded upon tort shall be
10 prosecuted or maintained against any of the parties named in this
11 section or against any teacher or member of the supervisory or adminis-
12 trative staff or employee where the alleged tort was committed by such
13 teacher or member or employee acting in the discharge of his duties
14 within the scope of his employment and/or under the direction of the
15 board of education, trustee or trustees, or governing body of the school
16 unless a notice of claim shall have been made and served in compliance
17 with section fifty-e of the general municipal law. Every such action
18 shall be commenced pursuant to the provisions of section fifty-i of the
19 general municipal law; provided, however, that this section shall not
20 apply to: (i) any claim to recover damages for physical, psychological,
21 or other injury or condition suffered as a result of conduct which would
22 constitute a sexual offense as defined in article one hundred thirty of
23 the penal law committed against a child less than eighteen years of age,
24 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
25 committed against a child less than eighteen years of age, or the use of
26 a child in a sexual performance as defined in section 263.05 of the
27 penal law committed against a child less than eighteen years of age; or
28 (ii) any civil claim or cause of action revived pursuant to section
29 two hundred fourteen-j of the civil practice law and rules.
30 § 4. This act shall take effect immediately and shall apply to actions
31 and proceedings pending on or after such effective date.
