Bill Text: NY S03129 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts the "local government jobs and revenue protection act of 2017".

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S03129 Detail]

Download: New_York-2017-S03129-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3129
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 19, 2017
                                       ___________
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary
        AN ACT to amend the civil practice law and rules, in relation to  enact-
          ing the "local government jobs and revenue protection act of 2017"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may  be  cited  as  the  "local
     2  government jobs and revenue protection act of 2017."
     3    §  2.  Legislative  intent.  New  York state, New York city and county
     4  governments throughout the  state  are  the  recipients  of  hundred  of
     5  millions of dollars each year under the master settlement agreement. The
     6  total  of  all  master settlement payments to these governments over the
     7  years has so far exceeded fourteen  billion  dollars.  These  funds  are
     8  vitally  important  and  any  disruption in these payments would put the
     9  recipients at financial risk. The legislature hereby finds that it is in
    10  the public interest to enact the  "local  government  jobs  and  revenue
    11  protection  act of 2017" in order to continue the flow of these funds to
    12  the state and local governments which depend on this revenue during  the
    13  appeal  of  a judgement against master settlement agreement signatories,
    14  affiliates, successors and non-participating manufacturers.
    15    § 3. The civil practice law and rules  is  amended  by  adding  a  new
    16  section 5519-a to read as follows:
    17    §  5519-a.  Stay  of enforcement for tobacco product master settlement
    18  agreement participating  or  non-participating  manufacturers  or  their
    19  successors or affiliates. (a) In civil litigation under any legal theory
    20  involving  a  participating manufacturer or a non-participating manufac-
    21  turer, as those terms are defined in the master settlement agreement, or
    22  any of their successors or affiliates, the undertaking  required  during
    23  the  pendency  of  all appeals or discretionary reviews by any appellate
    24  courts in order to stay the execution of any judgment or order  granting
    25  legal,  equitable  or other relief during the entire course of appellate
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08057-01-7
        S. 3129                             2
     1  review, including review by the United States supreme  court,  shall  be
     2  set  pursuant  to  the  applicable  provisions  of  law  or court rules;
     3  provided, however that the total undertaking required of all  appellants
     4  collectively shall not exceed two hundred fifty million dollars, regard-
     5  less of the value of the judgment appealed.
     6    (b) Notwithstanding the provisions of subdivision (a) of this section,
     7  upon  proof  by a preponderance of the evidence, by an appellee, that an
     8  appellant is dissipating assets outside the course of ordinary  business
     9  to  avoid  payment  of  a judgment, a court may require the appellant to
    10  post a bond in an amount up to the total amount of the judgement.
    11    § 4. This act shall take effect on the thirtieth day  after  it  shall
    12  have  become a law, and shall apply to any cause of action pending on or
    13  filed on or after such effective date.