SB 104 — Civil practice, asbestos actions; filing requirements, further provided

SB104 ENGROSSEDENROLLED SB104 8X7YHFF-28X7YHFF-3 By Senator Carnley RFD:

15-Feb-24 Page 0 SB104 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to asbestos actions;

A government-approved or court-approved trust, qualified settlement fund, compensation Page 1 SB104 Engrossed fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, pursuant to 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, Page 1 SB104 Enrolled based on, or related to the health effects of exposure to asbestos.

provide (1) Provide all parties with an affidavit, signed under Page 2 SB104 Engrossed oathinformation form attested by the plaintiff, specifying the basis for each claim against each defendant and stating all of the following with specificity:

a.(1) The plaintiff's exposed person's name, address, date of birth, Social Security number, marital status, smoking Page 2 SB104 Enrolled history, occupation, and current and past worksites and employers, and if the plaintiff exposed person alleges exposure to asbestos through another person, the identity of the other person, and that person's relationship to the plaintiffexposed person.

Page 3 SB104 Engrossed (7) The specific connection of each defendant to the alleged exposure to asbestos.

Page 3 SB104 Enrolled (2)(9) Provide all parties with allAll supporting documentation relating to this the information required by this section.

(b) If a defendant that is specifically identified in the plaintiff's attestation as a source of exposure presents 95 evidence that the plaintiff's affidavitattestation is incomplete, the defendant may move the court for an order to require the plaintiff to supplement the affidavitattestation.

If the court determines that there is a sufficient basis for the plaintiff to supplement the affidavitattestation, the 95 court shall enter an order to require the plaintiff to supplement the affidavitattestation and shall stay the action until the plaintiff supplements the affidavitattestation as provided by the court and produces the supplemental affidavitattestation to the parties.

(d) A defendant whose product or premises is not specifically identified in the plaintiff's attestation may Page 4 SB104 Engrossed file a motion with the court to dismiss the plaintiff's claim against that defendant without prejudice." "§6-5-693 (a) A plaintiff in an asbestos action need not comply with Section 6-5-692 if, within 90Within 60 days after the Page 4 SB104 Enrolled plaintiff files an asbestos action, the plaintiff files shall file all available asbestos trust claims and provides provide the parties with all trust claim materials available to the plaintiff or plaintiff's his or her counsel in relation to the plaintiff's exposed person's exposure to asbestos.

(b) A plaintiff has a continuing duty to supplement the information and materials provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional trust claim.

(d) Trial in an asbestos action may not begin until at Page 5 SB104 Engrossed least 60 days after the plaintiff complies with this section." Section 2.

Page 65 SB104 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................15-Feb-24________________________________________________ toSpeaker of the House of Representatives SB104 Senate committee04-Apr-24 onI Judiciaryhereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................21-Mar-24and onpassed the calendar:Senate, as amended.

0 amendments Read for the third time and passed ................04-Apr-24 as amended Yeas 32 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 7of Representatives Passed:

25-Apr-24 By:

Senator Carnley Page 6