Senate Bill S2511A

2017-2018 Legislative Session

Relates to truth and fairness in asbestos litigation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

2017-S2511 - Details

See Assembly Version of this Bill:
A10964
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 99 §§9901 - 9907, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S7659, A53

2017-S2511 - Summary

Relates to truth and fairness in asbestos litigation; provides for requirements in trust claims.

2017-S2511 - Sponsor Memo

2017-S2511 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2511
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  BONACIC,  DeFRANCISCO  --  read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 AN  ACT  to amend the civil practice law and rules, in relation to truth
   and fairness in asbestos litigation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 99 to read as follows:
                                ARTICLE 99
                      TRUTH IN ASBESTOS TRUST CLAIMS
 SECTION 9901. DEFINITIONS.
         9902. REQUIREMENT TO MAKE TRUST CLAIMS.
         9903. NOTICE OF TRUST CLAIM; PRODUCTION OF TRUST CLAIM MATERIAL.
         9904. FAILURE  TO  MAKE  TRUST CLAIM OR PROVIDE NOTICE AND TRUST
                 CLAIM MATERIAL.
         9905. MOTION TO STAY.
         9906. RESPONSE TO MOTION TO STAY.
         9907. STAY OF PROCEEDINGS.
         9908. EVIDENCE OF TRUST CLAIMS.
         9909. MOTION FOR SANCTIONS.
   § 9901. DEFINITIONS. AS USED IN THIS ARTICLE:
   (1) "ASBESTOS TRUST" MEANS  A  GOVERNMENT-APPROVED  OR  COURT-APPROVED
 TRUST,  QUALIFIED  SETTLEMENT FUND, COMPENSATION FUND OR CLAIMS FACILITY
 CREATED AS A RESULT OF AN ADMINISTRATIVE OR LEGAL  ACTION,  A  COURT-AP-
 PROVED BANKRUPTCY, OR PURSUANT TO 11 U.S.C. 524(G) OR 11 U.S.C. 1121 (A)
 OR  OTHER  APPLICABLE PROVISION OF LAW, THAT IS INTENDED, IN WHOLE OR IN
 PART, TO PROVIDE COMPENSATION TO CLAIMANTS ARISING OUT OF, BASED ON,  OR
 RELATED TO THE HEALTH EFFECTS OF EXPOSURE TO ASBESTOS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07815-01-7

              

co-Sponsors

2017-S2511A (ACTIVE) - Details

See Assembly Version of this Bill:
A10964
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 99 §§9901 - 9907, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S7659, A53

2017-S2511A (ACTIVE) - Summary

Relates to truth and fairness in asbestos litigation; provides for requirements in trust claims.

2017-S2511A (ACTIVE) - Sponsor Memo

2017-S2511A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2511--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sens. BONACIC, AKSHAR, BOYLE, BRESLIN, DeFRANCISCO, GALLI-
   VAN,  GOLDEN,  GRIFFO,  HELMING, MARCHIONE, O'MARA, ORTT, RANZENHOFER,
   SEPULVEDA, SEWARD, VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   -- reported favorably from said committee and committed to the Commit-
   tee  on Finance -- committee discharged and said bill committed to the
   Committee on Rules --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the civil practice law and rules, in relation to truth
   and fairness in asbestos litigation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 99 to read as follows:
                                ARTICLE 99
                      TRUTH IN ASBESTOS TRUST CLAIMS
 SECTION 9901. DEFINITIONS.
         9902. REQUIREMENT TO MAKE TRUST CLAIMS.
         9903. NOTICE OF TRUST CLAIM; PRODUCTION OF TRUST CLAIM MATERIAL.
         9904. FAILURE  TO  MAKE  TRUST CLAIM OR PROVIDE NOTICE AND TRUST
                CLAIM MATERIAL.
         9905. IDENTIFICATION OF  ADDITIONAL  ASBESTOS  TRUST  CLAIMS  BY
                DEFENDANTS.
         9906. EVIDENCE OF TRUST CLAIMS.
         9907. MOTION FOR SANCTIONS.
   §  9901.  DEFINITIONS.  AS  USED IN THIS ARTICLE: (1) "ASBESTOS TRUST"
 MEANS A GOVERNMENT-APPROVED OR COURT-APPROVED TRUST,  QUALIFIED  SETTLE-
 MENT  FUND,  COMPENSATION FUND OR CLAIMS FACILITY CREATED AS A RESULT OF
 AN ADMINISTRATIVE OR  LEGAL  ACTION,  A  COURT-APPROVED  BANKRUPTCY,  OR
 PURSUANT  TO  11  U.S.C. 524(G) OR 11 U.S.C. 1121(A) OR OTHER APPLICABLE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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