Bill
Bill > HB274
summary
Introduced
01/04/2023
01/04/2023
In Committee
04/26/2023
04/26/2023
Crossed Over
Passed
Dead
05/12/2023
05/12/2023
Introduced Session
2023 Regular Session
Bill Summary
Modifies provisions relating to actions for damages due to exposure to asbestos
AI Summary
This bill modifies provisions relating to actions for damages due to exposure to asbestos. The key provisions include:
1. Applying the new law to asbestos actions filed on or after August 28, 2023, or before that date unless the trial was set to begin by December 1, 2023. The law does not apply to actions filed by or on behalf of firefighters, paramedics, or emergency medical technicians.
2. Requiring claimants to provide a sworn statement and all trust claim materials within 30 days of filing an asbestos action, with a continuing duty to supplement as new claims are filed. Failure to comply can result in the case being dismissed.
3. Allowing defendants to request the court to order the claimant to file additional trust claims, with the trial delayed until at least 90 days after the claimant complies.
4. Establishing rules for the admissibility and use of trust claim materials and trust governance documents in the asbestos action.
5. Creating a rebuttable presumption that the claimant will receive the compensation specified in the trust governance documents, which can be used as a setoff against any damages awarded.
6. Requiring claimants to file a sworn information form with details about the asbestos exposure and their claims, with failure to comply potentially resulting in the case being dismissed.
Committee Categories
Government Affairs, Justice
Sponsors (1)
Last Action
Reported Do Pass (H) - AYES: 5 NOES: 3 PRESENT: 0 (on 04/26/2023)
Bill Topics
Law, Crime, and Family Issues
- ‐ Civil Law and Procedure
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.house.mo.gov/Bill.aspx?bill=HB274&year=2023&code=R | 12/01/2022 |
| Analysis - Summary: Committee | https://www.house.mo.gov/billtracking/bills231/sumpdf/HB0274C.pdf | 04/06/2023 |
| Fiscal Note - 0509H.01I.ORG | https://www.house.mo.gov/billtracking/bills231/fiscal/fispdf/0509H.01I.ORG.pdf | 03/15/2023 |
| Analysis - Summary: Introduced | https://www.house.mo.gov/billtracking/bills231/sumpdf/HB0274I.pdf | 01/04/2023 |
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