Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to local government |
May 13, 2015 |
referred to local government |
Senate Bill S5339
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Local Government Committee
- 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
Actions
2015-S5339 (ACTIVE) - Details
2015-S5339 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5339 TITLE OF BILL: An act to amend the general municipal law, in relation to municipal liability for negligence PURPOSE: The purpose of this legislation is to establish "Ariel's Law," which holds a municipality liable for any damages that are caused to an injured party due to negligence or misconduct, regardless of who contacts the municipality regarding the injured party. SUMMARY OF PROVISIONS: Section 1. Creates Ariel's Law. Section 2. Amends the general municipal law by adding a new section 50-o to establish a municipality's liability for negligence if a witness contacts the municipality on behalf of an injured party The bill estab- lishes that direct contact is formed when the phone call is made on behalf of the injured party, thereby creating a special relationship that is necessary between the injured party and the municipality in order to commence a claim against the municipality for misconduct Section 3. Effective Date EXISTING LAW: None JUSTIFICATION: Four year old Ariel Russo was killed on her way to a daycare center with her grandmother by a reckless 17 year driver who
2015-S5339 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5339 2015-2016 Regular Sessions I N S E N A T E May 13, 2015 ___________ Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to municipal liability for negligence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "Ariel's Law". S 2. The general municipal law is amended by adding a new section 50-o to read as follows: S 50-O. MUNICIPAL LIABILITY OR NEGLIGENCE IF A WITNESS CONTACTS THE MUNICIPALITY. IN AN EMERGENCY SITUATION WHERE AN INJURED PARTY IS UNABLE TO ACT ON HIS OR HER BEHALF, A SPECIAL RELATIONSHIP WITH A MUNICIPALITY SHALL BE ESTABLISHED FOR THE PURPOSES OF A NEGLIGENCE CLAIM WHEN ANY INDIVIDUAL, REGARDLESS OF HIS OR HER RELATIONSHIP TO THE INDIVIDUAL, PLACES A CALL OR ANY OTHER FORM OF CONTACT TO A REPRESENTATIVE OF THE MUNICIPALITY PERTAINING TO THE OCCURRENCE OF THE INJURY. IT SHALL NOT BE REQUIRED THAT THE INJURED PARTY BE AWARE OR HAVE KNOWLEDGE AT THE TIME THAT THE CALL OR CONTACT WAS MADE ON HIS OR HER BEHALF. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10438-04-5
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