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RSA 146-A:3-d · Limited Liability for Fiduciaries

Title
X: PUBLIC HEALTH
Chapter
146-A · OIL DISCHARGE OR SPILLAGE IN SURFACE WATER OR GROUNDWATER
Status
current
Official source linked
Yes
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146-A:3-d Limited Liability for Fiduciaries. –

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I.

A fiduciary shall not be liable in its individual capacity under RSA 146-A:3-a.

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II.

Nothing in this section shall preclude claims under RSA 146-A:3-a against:

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(a)

A fiduciary in its representative capacity;

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(b)

The assets of the estate or trust administered by a fiduciary; or

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(c)

Non-employee agents or independent contractors retained by a fiduciary.

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III.

Nothing in this section shall preclude claims to recover costs under RSA 146-A:3-a against a fiduciary in its individual capacity whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A fiduciary shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors. Source. 1993, 323:4, eff. Aug. 22, 1993.

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Source note

Source. 1993, 323:4, eff. Aug. 22, 1993.

Source history

  • 1993, 323:4, eff. Aug. 22, 1993

Related materials

Bill relationships

  • 2026 HB1620 amend

    mstances. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Residential Heating Oil Underground Storage Tanks. Amend RSA 146-A by inserting after section 19 the following new subdivision: Residential Heating Oil Underground Storage Tanks 146-A:20 Underground Storage Tank; Definition. In this subdivision, “residential heating oil underground

  • 2026 SB445 add

    nder this chapter. The proceeds of administrative fines levied pursuant to this section shall be deposited by the commissioner in the oil pollution control fund established under RSA 146-A. The commissioner shall adopt rules, under RSA 541-A, relative to[: I. A] a schedule of administrative fines which may be imposed under this section for violations of this chapter as provided above [; and II. Procedu