December 9, 2009, Introduced by Rep. Switalski and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 20101b (MCL 324.20101b), as amended by 2000 PA
368.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20101b. (1) A lender or other person who has not
participated in the management of a property as described in
section 20101a before assuming ownership or control of the property
as a fiduciary, as defined by section 1104 of the estates and
protected individuals code, 1998 PA 386, MCL 700.1104, or in a
representative
capacity for a disabled person under section 5501 of
the
estates and protected individuals code, 1998 PA 386, MCL
700.5501,
a durable power of attorney
as described in section 102
of
the uniform power of attorney act and that
who is acting or has
acted in a capacity permitted by the estates and protected
individuals
code, 1998 PA 386, MCL 700.1101 to 700.8102 700.8206,
is not personally liable as an owner or operator of the property
under this part. This subsection does not do either of the
following:
(a) Relieve the fiduciary from personal liability as the
result of the fiduciary's assumption of personal liability, or
negligence, gross negligence, or reckless, willful, or intentional
misconduct.
(b) Prevent a claim against the assets that are part of or all
of the estate or trust that contains the facility; another estate
or trust of the decedent, grantor, ward, or other person whose
estate or trust contains the facility that is administered by the
lender or other person; or another estate or trust of the decedent,
grantor, ward, or other person whose estate or trust contains the
facility. Such a claim may be asserted against the fiduciary in its
representative capacity, whether or not the fiduciary is personally
liable.
(2) A lender that has not participated in the management of a
property as described in section 20101a before assuming ownership
or
control of the property in a fiduciary capacity , and that,
under a fiduciary agreement entered into on or before August 1,
1990, owns
or controls the property in a fiduciary capacity that is
authorized by the banking code of 1999, 1999 PA 276, MCL 487.11101
to 487.15105, or the national bank act, chapter 106, 13 Stat. 99,
is not personally liable as an owner or operator of the property
under this part. This subsection does not do either of the
following:
(a) Relieve the fiduciary from personal liability as the
result of the fiduciary's assumption of personal liability,
negligence, gross negligence, or reckless, willful, or intentional
misconduct.
(b) Prevent a claim against the assets that are part of or all
of the estate or trust that contains the facility; another estate
or trust of the decedent, grantor, ward, or other person whose
estate or trust contains the facility that is administered by the
lender; or another estate or trust of the decedent, grantor, ward,
or other person whose estate or trust contains the facility. Such a
claim may be asserted against the fiduciary in its representative
capacity, whether or not the fiduciary is personally liable.
(3) A lender that has not participated in the management of a
property as described in section 20101a before assuming ownership
or
control of the property in a fiduciary capacity, and that, under
a fiduciary agreement entered into after August 1, 1990, owns or
controls
the property in a fiduciary capacity that is authorized by
the banking code of 1999, 1999 PA 276, MCL 487.11101 to 487.15105,
or the national bank act, chapter 106, 13 Stat. 99, that has served
only in an administrative, custodial, or financial capacity with
respect to the property, and that has not exercised sufficient
involvement to control the owner's or operator's handling of a
hazardous
substance , is not
personally liable as an owner or
operator of the property under this part. This subsection does not
do either of the following:
(a) Relieve the fiduciary from personal liability as the
result of the fiduciary's assumption of personal liability,
negligence, gross negligence, or reckless, willful, or intentional
misconduct.
(b) Prevent a claim against the assets that are part of or all
of the estate or trust that contains the facility; another estate
or trust of the decedent, grantor, ward, or other person whose
estate or trust contains the facility that is administered by the
lender; or another estate or trust of the decedent, grantor, ward,
or other person whose estate or trust contains the facility. Such a
claim may be asserted against the fiduciary in its representative
capacity, whether or not the fiduciary is personally liable.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ (request no. 01651'09) or House Bill No.
5196 of the 95th Legislature is enacted into law.