Assembly Bill A1848

2009-2010 Legislative Session

Relieves fiduciaries from damages arising out of the existence of an inactive hazardous waste disposal site

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Archive: Last Bill Status - In Assembly 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

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2009-A1848 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §3-0319, En Con L; add §1311, Pub Health L; amd §181, Nav L

2009-A1848 (ACTIVE) - Summary

Relieves fiduciaries from damages arising out of the existence of an inactive hazardous waste disposal site unless his or her negligence has contributed to such site; creates a fiduciary exemption within the general powers of the public health law and the navigation law.

2009-A1848 (ACTIVE) - Bill Text download pdf 

                            
                    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
                               ___________

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

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