NY State Senate Bill 2009-S3325

Senate Bill S3325

Signed By Governor

2009-2010 Legislative Session

Extends the time for filing a notice of claim for injuries suffered as a result of participation in the World Trade Center rescue, recovery or cleanup operations

download bill text pdf

Archive: Last Bill Status Via A7122 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 16, 2009	signed chap.440
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.849 substituted for s3325b
Jul 16, 2009	substituted by a7122c
Jul 15, 2009	ordered to third reading cal.849 committee discharged and committed to rules
Jun 19, 2009	print number 3325b
Jun 19, 2009	amend (t) and recommit to judiciary
Jun 02, 2009	print number 3325a
Jun 02, 2009	amend and recommit to judiciary
Mar 16, 2009	referred to judiciary

Votes

- Jul 16, 2009 - Floor Vote
  A7122
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 15, 2009 - Rules Committee Vote
  S3325
  
  21
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 15, 2009
      
      aye (21)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (2)
      
      Hannon
      
      Skelos
      
      excused (1)
      
      Johnson

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2009-S3325 - Details

Law Section:: Court of Claims Act
Laws Affected:: Amd §50-i, Gen Muni L

2009-S3325 - Summary

Extends the time for filing a claim against a public corporation for injuries sustained as a result of participation in the World Trade Center rescue, recovery, or cleanup operations.

2009-S3325 - Sponsor Memo

                                 BILL NUMBER:  S3325

 TITLE OF BILL :
An act to amend the court of claims act and the general municipal law,
in relation to extending the time to file a notice of claim for
certain persons who sustained injury as a result of the World Trade
Center rescue, recovery or cleanup operations

 PURPOSE :
To extend the time for filing a notice of claim for injuries suffered
as a result of participation in the world Trade Center rescue,
recovery, or clean-up operations.

 SUMMARY OF PROVISIONS :
Section one is the short title, "Jimmy Nolan's Law".

Section two, Section 10 of the court of claims act is amended by
adding a new subdivision 10.

Section three, Subdivision 1 of section 50-e of the general municipal
law is amended by adding a new paragraph (c).

Section four is an immediate effective date.

 JUSTIFICATION :
We all know that thousands of men and women lost their lives on

September 11, 2001 at the World Trade Center tragedy. Thousands of
individuals who worked at the site and at site-related areas for
periods of time that ran up to two and one-half years, were told and
believed that they were working in a safe environment. However, today,
after more than five years, we are seeing that more and more
individuals are experiencing health problems that are far above the
statistical norm, leading any reasonable person to conclude that these
illnesses are being caused by their 911-related rescue, recovery and
clean-up efforts.  However, most of the people who are sick and are
still getting sick are beyond the current statutory ninety day limit
for filing a notice of claim. These individuals must not be denied
their right to pursue just compensation simply because he or she was
given incorrect information, had no immediate symptoms or was unaware
of the filing time limits.  The 911 tragedy created this special group
of 'second wave 911 victims'; this is a special case which must be
addressed in a special way. The proposed bill would assure that all
second wave 911 victims' involved with the rescue, recovery and
clean-up would be treated with the dignity and equity that they
deserve. The proposed bill protects and preserves the rights of those
911 workers who are sick as well as those that are continuing to get
sick.

 LEGISLATIVE HISTORY :
2008: S.3177-A Referred to Judiciary

 FISCAL IMPLICATIONS :
Unknown.

 EFFECTIVE DATE :
Immediately.

2009-S3325 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3325

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced by Sens. STEWART-COUSINS, DIAZ, HASSELL-THOMPSON, MONTGOMERY,
  OPPENHEIMER  -- read twice and ordered printed, and when printed to be
  committed to the Committee on Judiciary

AN ACT to amend the court of claims act and the general  municipal  law,
  in  relation  to  extending  the  time  to  file a notice of claim for
  certain persons who sustained injury as a result of  the  World  Trade
  Center rescue, recovery or cleanup operations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Short title.  This act shall be known and may be cited  as
"Jimmy Nolan's Law".
  S  2. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
  10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  A
PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS
SHALL  HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVISION TO FILE
A NOTICE OF CLAIM AGAINST THE STATE OF NEW YORK FOR INJURIES SUFFERED AS
A RESULT OF SUCH PARTICIPATION.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION:
  (1) "PARTICIPANT IN WORLD TRADE CENTER  RESCUE,  RECOVERY  OR  CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I)  PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE NEW YORK CITY MORGUE OR  THE  TEMPORARY  MORGUE  ON
PIER  LOCATIONS  ON THE WEST SIDE OF MANHATTAN AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE; OR
  (III) WORKED ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN AND  THE
FRESH  KILLS  LAND  FILL  IN NEW YORK CITY AFTER SEPTEMBER ELEVENTH, TWO
THOUSAND ONE.
  (2) "WORLD TRADE CENTER SITE" MEANS ANYWHERE  BELOW  A  LINE  STARTING
FROM  THE  HUDSON  RIVER  AND CANAL STREET; EAST ON CANAL STREET TO PIKE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00990-02-9

S. 3325                             2

STREET; SOUTH ON PIKE STREET TO THE EAST RIVER;  AND  EXTENDING  TO  THE
LOWER TIP OF MANHATTAN.
  S  3.  Subdivision  1  of section 50-e of the general municipal law is
amended by adding a new paragraph (c) to read as follows:
  (C) 1. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  SECTION  TO  THE
CONTRARY, A PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
UP  OPERATIONS SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH TO FILE A NOTICE OF CLAIM AGAINST A PUBLIC CORPORATION  FOR  INJU-
RIES SUFFERED AS A RESULT OF SUCH PARTICIPATION.
  2. FOR THE PURPOSES OF THIS PARAGRAPH:
  (1)  "PARTICIPANT  IN  WORLD  TRADE CENTER RESCUE, RECOVERY OR CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I) PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT  THE
WORLD TRADE CENTER SITE; OR
  (II)  WORKED  AT  THE  NEW YORK CITY MORGUE OR THE TEMPORARY MORGUE ON
PIER LOCATIONS ON THE WEST SIDE OF MANHATTAN AFTER  SEPTEMBER  ELEVENTH,
TWO THOUSAND ONE; OR
  (III)  WORKED ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN AND THE
FRESH KILLS LAND FILL IN NEW YORK CITY  AFTER  SEPTEMBER  ELEVENTH,  TWO
THOUSAND ONE.
  (2)  "WORLD  TRADE  CENTER  SITE" MEANS ANYWHERE BELOW A LINE STARTING
FROM THE HUDSON RIVER AND CANAL STREET; EAST ON  CANAL  STREET  TO  PIKE
STREET;  SOUTH  ON  PIKE  STREET TO THE EAST RIVER; AND EXTENDING TO THE
LOWER TIP OF MANHATTAN.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2009-S3325A - Details

Law Section:: Court of Claims Act
Laws Affected:: Amd §50-i, Gen Muni L

2009-S3325A - Summary

Extends the time for filing a claim against a public corporation for injuries sustained as a result of participation in the World Trade Center rescue, recovery, or cleanup operations.

2009-S3325A - Sponsor Memo

2009-S3325A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3325--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced by Sens. STEWART-COUSINS, DIAZ, HASSELL-THOMPSON, MONTGOMERY,
  OPPENHEIMER,  PERKINS,  SAVINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the court of claims act and the general  municipal  law,
  in  relation  to  extending  the  time  to  file a notice of claim for
  certain persons who sustained injury as a result of  the  World  Trade
  Center rescue, recovery or cleanup operations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Short title.  This act shall be known and may be cited  as
"Jimmy Nolan's law".
  S  2. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
  10. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  A
PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS
SHALL  HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVISION TO FILE
A NOTICE OF CLAIM AGAINST THE STATE OF NEW YORK FOR INJURIES SUFFERED AS
A RESULT OF SUCH PARTICIPATION.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION:
  (1) "PARTICIPANT IN WORLD TRADE CENTER  RESCUE,  RECOVERY  OR  CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I)  PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE FRESH KILLS LAND FILL IN THE CITY OF NEW YORK AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III) WORKED AT THE NEW YORK CITY MORGUE OR THE  TEMPORARY  MORGUE  ON
PIER  LOCATIONS  ON THE WEST SIDE OF MANHATTAN AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00990-05-9

S. 3325--A                          2

  (IV) WORKED ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN  AND  THE
FRESH  KILLS LAND FILL IN THE CITY OF NEW YORK AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE.
  (2)  "WORLD  TRADE  CENTER  SITE" MEANS ANYWHERE BELOW A LINE STARTING
FROM THE HUDSON RIVER AND CANAL STREET; EAST ON  CANAL  STREET  TO  PIKE
STREET;  SOUTH  ON  PIKE  STREET TO THE EAST RIVER; AND EXTENDING TO THE
LOWER TIP OF MANHATTAN.
  S 3. Subdivision 1 of section 50-e of the  general  municipal  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS SECTION TO THE
CONTRARY, A PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
UP OPERATIONS SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS  PARA-
GRAPH  TO  FILE A NOTICE OF CLAIM AGAINST A PUBLIC CORPORATION FOR INJU-
RIES SUFFERED AS A RESULT OF SUCH PARTICIPATION.
  2. FOR THE PURPOSES OF THIS PARAGRAPH:
  (1) "PARTICIPANT IN WORLD TRADE CENTER  RESCUE,  RECOVERY  OR  CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I)  PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE FRESH KILLS LAND FILL IN THE CITY OF NEW YORK AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III) WORKED AT THE NEW YORK CITY MORGUE OR THE  TEMPORARY  MORGUE  ON
PIER  LOCATIONS  ON THE WEST SIDE OF MANHATTAN AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE; OR
  (IV) WORKED ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN  AND  THE
FRESH  KILLS LAND FILL IN THE CITY OF NEW YORK AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE.
  (2) "WORLD TRADE CENTER SITE" MEANS ANYWHERE  BELOW  A  LINE  STARTING
FROM  THE  HUDSON  RIVER  AND CANAL STREET; EAST ON CANAL STREET TO PIKE
STREET; SOUTH ON PIKE STREET TO THE EAST RIVER;  AND  EXTENDING  TO  THE
LOWER TIP OF MANHATTAN.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2009-S3325B (ACTIVE) - Details

Law Section:: Court of Claims Act
Laws Affected:: Amd §50-i, Gen Muni L

2009-S3325B (ACTIVE) - Summary

Extends the time for filing a claim against a public corporation for injuries sustained as a result of participation in the World Trade Center rescue, recovery, or cleanup operations.

2009-S3325B (ACTIVE) - Sponsor Memo

2009-S3325B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3325--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sens.  STEWART-COUSINS,  DIAZ,  HASSELL-THOMPSON, LANZA,
  MONTGOMERY, OPPENHEIMER, PERKINS, SAVINO --  read  twice  and  ordered
  printed,  and when printed to be committed to the Committee on Judici-
  ary --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the general municipal law, in relation to extending the
  time to file  a  claim  against  a  public  corporation  for  injuries
  sustained  by  persons  who  participated  in  the  World Trade Center
  rescue, recovery or cleanup operations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Jimmy Nolan's law".
  S 2. Section 50-i of the general municipal law is amended by adding  a
new subdivision 4 to read as follows:
  4.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING ANY OTHER SUBDIVISION OF THIS SECTION, SECTION FIFTY-E OF THIS
ARTICLE, SECTION THIRTY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW, AND
THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING
AS A CONDITION  PRECEDENT  TO  COMMENCEMENT  OF  AN  ACTION  OR  SPECIAL
PROCEEDING  THAT  A  NOTICE OF CLAIM BE FILED OR PRESENTED, ANY CAUSE OF
ACTION AGAINST A PUBLIC CORPORATION FOR PERSONAL INJURIES SUFFERED BY  A
PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS
AS  A  RESULT  OF SUCH PARTICIPATION WHICH IS BARRED AS OF THE EFFECTIVE
DATE OF THIS SUBDIVISION BECAUSE THE APPLICABLE PERIOD OF LIMITATION HAS
EXPIRED IS HEREBY REVIVED, AND A CLAIM THEREON MAY BE FILED  AND  SERVED
AND  PROSECUTED  PROVIDED SUCH CLAIM IS FILED AND SERVED WITHIN ONE YEAR
OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00990-12-9

S. 3325--B                          2

  (1) "PARTICIPANT IN WORLD TRADE CENTER  RESCUE,  RECOVERY  OR  CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I)  PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE FRESH KILLS LAND FILL IN THE CITY OF NEW YORK AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III) WORKED AT THE NEW YORK CITY MORGUE OR THE  TEMPORARY  MORGUE  ON
PIER  LOCATIONS  ON THE WEST SIDE OF MANHATTAN AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE; OR
  (IV) WORKED ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN  AND  THE
FRESH  KILLS LAND FILL IN THE CITY OF NEW YORK AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE.
  (2) "WORLD TRADE CENTER SITE" MEANS ANYWHERE  BELOW  A  LINE  STARTING
FROM  THE  HUDSON  RIVER  AND CANAL STREET; EAST ON CANAL STREET TO PIKE
STREET; SOUTH ON PIKE STREET TO THE EAST RIVER;  AND  EXTENDING  TO  THE
LOWER TIP OF MANHATTAN.
  S 3. This act shall take effect immediately.

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Senate Bill S3325

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Sponsored By

Archive: Last Bill Status Via A7122 - Signed by Governor

Bill Amendments

co-Sponsors

2009-S3325 - Details

2009-S3325 - Summary

2009-S3325 - Sponsor Memo

2009-S3325 - Bill Text download pdf

co-Sponsors

2009-S3325A - Details

2009-S3325A - Summary

2009-S3325A - Sponsor Memo

2009-S3325A - Bill Text download pdf

co-Sponsors

2009-S3325B (ACTIVE) - Details

2009-S3325B (ACTIVE) - Summary

2009-S3325B (ACTIVE) - Sponsor Memo

2009-S3325B (ACTIVE) - Bill Text download pdf

Comments