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Bill > HB274


MO HB274

MO HB274
Modifies provisions relating to actions for damages due to exposure to asbestos


summary

Introduced
01/04/2023
In Committee
04/26/2023
Crossed Over
Passed
Dead
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

bill text


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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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