BILL NUMBER: S5916
SPONSOR: HOYLMAN-SIGAL
 
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 pertain-
ing 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.

Statutes affected:
S5916: 3813 education law, 3813(2) education law