Assembly Bill A53

2019-2020 Legislative Session

Relates to truth and fairness in asbestos litigation

download bill text pdf

Sponsored By

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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2019-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

2019-A53 (ACTIVE) - Summary

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

2019-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
              

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