assembly Bill A53

2019-2020 Legislative Session

Relates to truth and fairness in asbestos litigation

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
Jan 09, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A53 (ACTIVE) - Details

See Senate Version of this Bill:
S7659
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 99 §§9901 - 9907, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A10964, S2511

A53 (ACTIVE) - Summary

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

A53 (ACTIVE) - Bill Text download pdf


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

                                   53

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M.  of  A.  BUCHWALD, OTIS, SCHIMMINGER, THIELE, STIRPE,
  WOERNER, FAHY,  ORTIZ,  PICHARDO,  D'URSO,  BRONSON,  ARROYO,  LAVINE,
  CUSICK,  RIVERA,  QUART,  NIOU,  SANTABARBARA,  RICHARDSON, MIKULIN --
  Multi-Sponsored by -- M. of A.  FERNANDEZ,  SIMON  --  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. 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
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