assembly Bill A6032

2017-2018 Legislative Session

Relates to truth and fairness in asbestos litigation

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to judiciary
Feb 21, 2017 referred to judiciary

Co-Sponsors

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A6032 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 99 §§9901 - 9909, CPLR

A6032 (ACTIVE) - Summary

Relates to truth and fairness in asbestos litigation; requires documentation for the purpose of demonstrating asbestos exposure, the health effects of exposure to asbestos and/or the validity of a claim.

A6032 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6032

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2017
                               ___________

Introduced  by  M. of A. SIMOTAS, SCHIMMINGER, MOSLEY, McDONALD, SKARTA-
  DOS, COOK, OTIS, FAHY, SANTABARBARA, WOERNER, CUSICK,  QUART  --  read
  once and referred to the Committee on Judiciary

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