S T A T E O F N E W Y O R K
________________________________________________________________________
1848
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
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Introduced by M. of A. MORELLE, DESTITO, SCHIMMINGER -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, the public health
law and the navigation law, in relation to actions for damages relat-
ing to the ownership or operation of a property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 3-0319 to read as follows:
S 3-0319. FIDUCIARY.
1. AS USED IN THIS SECTION "FIDUCIARY" MEANS A FIDUCIARY AS DEFINED IN
THE ESTATES, POWERS AND TRUSTS LAW.
2. A FIDUCIARY, INCLUDING A TRUSTEE OF AN INTER VIVOS TRUST, SHALL NOT
BE LIABLE IN HIS OR HER INDIVIDUAL, OR ITS CORPORATE CAPACITY FOR CLAIMS
MADE UNDER TITLE 13 OF ARTICLE 27 OF THIS CHAPTER UNLESS SUCH
FIDUCIARY'S NEGLIGENT ACTS OR OMISSIONS OR INSTITUTIONAL MISCONDUCT HAVE
CAUSED OR CONTRIBUTED TO THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE AS
DEFINED BY SUCH TITLE. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE CLAIMS
UNDER SUCH TITLE AGAINST SUCH A FIDUCIARY IN ITS REPRESENTATIVE CAPACITY
ON THE ASSETS OF THE ESTATE OR TRUST ADMINISTERED BY THE FIDUCIARY.
S 2. The public health law is amended by adding a new section 1311 to
read as follows:
S 1311. FIDUCIARY EXEMPTION. 1. AS USED IN THIS SECTION "FIDUCIARY"
MEANS A FIDUCIARY AS DEFINED IN THE ESTATES, POWERS AND TRUSTS LAW.
2. A FIDUCIARY, INCLUDING A TRUSTEE OF AN INTER VIVOS TRUST, SHALL NOT
BE LIABLE IN HIS OR HER INDIVIDUAL, OR ITS CORPORATE CAPACITY FOR CLAIMS
MADE UNDER THIS CHAPTER UNLESS SUCH FIDUCIARY'S NEGLIGENT ACTS OR OMIS-
SIONS OR INSTITUTIONAL MISCONDUCT HAVE CAUSED OR CONTRIBUTED TO THE
INACTIVE HAZARDOUS WASTE DISPOSAL SITE AS DEFINED BY TITLE THIRTEEN OF
ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW. NOTHING IN
THIS SUBDIVISION SHALL PRECLUDE CLAIMS UNDER SUCH TITLE AGAINST SUCH A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04179-01-9
A. 1848 2
FIDUCIARY IN ITS REPRESENTATIVE CAPACITY ON THE ASSETS OF THE ESTATE OR
TRUST ADMINISTERED BY THE FIDUCIARY.
S 3. Subdivision 4 of section 181 of the navigation law is amended by
adding a new paragraph (d) to read as follows:
(D) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A FIDUCIARY,
INCLUDING A TRUSTEE OF AN INTER VIVOS TRUST, SHALL NOT BE LIABLE IN HIS
OR HER INDIVIDUAL, OR ITS CORPORATE CAPACITY FOR CLAIMS MADE UNDER THIS
CHAPTER UNLESS SUCH FIDUCIARY'S NEGLIGENT ACTS OR OMISSIONS OR INSTITU-
TIONAL MISCONDUCT HAVE CAUSED OR CONTRIBUTED TO THE INACTIVE HAZARDOUS
WASTE DISPOSAL SITE AS DEFINED BY TITLE THIRTEEN OF ARTICLE TWENTY-SEVEN
OF THE ENVIRONMENTAL CONSERVATION LAW. NOTHING IN THIS SUBDIVISION SHALL
PRECLUDE CLAIMS UNDER SUCH TITLE AGAINST SUCH A FIDUCIARY IN ITS REPRE-
SENTATIVE CAPACITY ON THE ASSETS OF THE ESTATE OR TRUST ADMINISTERED BY
THE FIDUCIARY FOR PURPOSES OF THIS SUBDIVISION. FIDUCIARY MEANS A FIDU-
CIARY AS DEFINED IN THE ESTATES, POWERS AND TRUSTS LAW.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all actions and proceedings pending
on or after such effective date in which the party is not an owner or
operator of the property.