SB104ENROLLED
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SB104
8X7YHFF-3
By Senator Carnley
RFD: Judiciary
First Read: 15-Feb-24
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First Read: 15-Feb-24
Enrolled, An Act,
Relating to asbestos actions; to amend Sections
6-5-691, 6-5-692, and 6-5-693, Code of Alabama 1975, to
further provide for various requirements for asbestos actions;
and to authorize a defendant in an asbestos action to be
dismissed if certain requirements are not met.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 6-5-691, 6-5-692, and 6-5-693, Code
of Alabama 1975, are amended to read as follows:
"§6-5-691
For the purposes of this article, the following terms
shall have the following meanings:
(1) ASBESTOS ACTION. A civil action arising out of,
based on, or related to the health effects of exposure to
asbestos and any derivative claim made by or on behalf of a
person exposed to asbestos or a representative, spouse,
parent, child, or other relative of that person. The term
asbestos action does not include claims alleging ovarian
cancer.
(2) ASBESTOS TRUST. A government-approved or
court-approved trust, qualified settlement fund, compensation
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. § 524(g), 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,
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part, to provide compensation to claimants arising out of,
based on, or related to the health effects of exposure to
asbestos.
(3) EXPOSED PERSON. A person whose exposure to asbestos
or to asbestos-containing products is the basis for an
asbestos action.
(3)(4) TRUST CLAIM MATERIALS. A final executed proof of
claim and all documents and information submitted to or
received from an asbestos trust, including claim forms and
supplementary materials, affidavits, medical and health
records, depositions and trial testimony of the plaintiff and
others knowledgeable about the plaintiff's exposure history,
work history, exposure allegations, and all documents that
reflect the status of a claim against an asbestos trust and if
the trust claim has been resolved.
(4)(5) TRUST GOVERNANCE DOCUMENTS. All documents that
relate to eligibility and payment levels, including claims
payment matrices, trust distribution procedures, or plans for
reorganization, for an asbestos trust."
"§6-5-692
(a) Subject to Section 6-5-693, within 90 days after a A
plaintiff who files an asbestos action, the plaintiff within
45 days, shall do all of the following: provide
(1) Provide all parties with an affidavit, signed under
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
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date of birth, Social Security number, marital status, smoking
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.
b.(2) The asbestos-related disease claimed to exist.
c.(3)TheAn affirmation that the plaintiff and
plaintiff'shis or her counsel have conducted an investigation
into all potential sources of the plaintiff'sexposed person's
exposure to asbestos and identified.
(4) The identity, with specificity , of each and every
source of exposure to asbestos that is available or known to
the plaintiff or plaintiff'shis or her counsel for the exposed
person and any person through which the plaintiff alleges
exposure, including all asbestos-containing products to which
the plaintiffexposed person or other person was exposed,
whether from bankrupt entities or otherwise, and all premises
at which the plaintiff and the other exposed person werewas
exposed to asbestos ; the.
(5) The specific location and manner of each alleged
exposure to asbestos ; the.
(6) The beginning and ending dates of each alleged
exposure; and the.
(7) The specific connection of each defendant to the
alleged exposure to asbestos.
(8) The name, address, and relationship to the exposed
person of each individual who is knowledgeable regarding the
exposed person's exposures to asbestos.
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exposed person's exposures to asbestos.
(2)(9)Provide all parties with all All 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
evidence that the plaintiff's affidavit attestation 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
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.
(c) The court shall dismiss the plaintiff's claim
without prejudice if the plaintiff fails to provide the
information required in this section or fails to satisfy an
order to supplement the plaintiff's affidavitattestation
within 90 days from the time the information is required to be
provided to the parties.
(d) A defendant whose product or premises is not
specifically identified in the plaintiff's attestation may
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 90 Within 60 days after the
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with Section 6-5-692 if, within 90 Within 60 days after the
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. This
section does not apply if the plaintiff complies with Section
6-5-692.
(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.
(c) Not less than 60 days before trial, if a defendant
presents evidence that the plaintiff has not filed all
available asbestos trust claims, as required under subsection
(a), the defendant may move the court for an order to require
the plaintiff to file additional trust claims. If a defendant
has previously filed a motion under this section, the court
shall not grant a subsequent motion if the defendant knew that
the claimant met the criteria for payment for the additional
trust claim identified in the subsequent motion at the time
the earlier motion was filed.
(d) Trial in an asbestos action may not begin until at
least 60 days after the plaintiff complies with this section."
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB104
Senate 04-Apr-24
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 25-Apr-24
By: Senator Carnley
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