12RS House Bill 343

House Bill 343

Actions

Last Action	to Judiciary (H)
Title	AN ACT relating to airborne contaminants.
Bill Documents	Bill
Bill Request Number	1388
Sponsors	S. Riggs, D. Floyd, M. Cherry, B. Housman, M. Rader, T. Thompson
Summary of Original Version	Create new sections of KRS Chapter 411 to establish procedures for civil actions arising from exposure to silica; define related terms; require that a physical impairment be an essential element in a civil action based on exposure to silica; require a prima facie showing of a physical impairment before bringing or maintaining a civil action; provide for dismissal of civil actions for failure to establish a prima facie showing of a physical impairment resulting from exposure to silica; toll the statute of limitations on claims not barred by the effective date until such time as an individual discovers or should have discovered a physical impairment; distinguish claims for nonmalignant conditions from claims for silica-related cancer; establish requirements for wrongful death claims; exempt a premises owner from liability unless the individual's exposure occurred while on the property of the owner, and extend liability exemption relating to invitees and contractors hired before January 1, 1972; exempt a premises owner from liability for exposure occurring after January 1, 1972, unless it can be shown that the premises owner intentionally violated a safety standard; provide that civil actions resulting from exposure to silica shall not affect the rights of any party involved in bankruptcy proceedings, or workers' compensation or veteran's benefit programs; require the plaintiff in a civil action to show that a particular defendant's conduct was a substantial factor in causing the alleged injury or loss; make provisions applicable to any civil action pending on the effective date of the Act and to claims filed on or after the effective date of the Act; provide conditions for recovery of costs and fees to prevailing party; create a new section of subchapter 10 of KRS Chapter 224, to establish Airborne Contaminant Claim Review Board and establish membership and duties; include a noncodified provision requesting the Supreme Court to adopt and revise rules relating to venue and consolidation of claims arising from exposure to silica; EFFECTIVE January 1, 2012.
Index Headings of Original Version	Labor and Industry - Silicosis disease claims, procedures for civil actions Occupational Safety and Health - Silicosis disease claims, procedures for civil actions Physicians and Practitioners - Civil action review board, appointment to State Agencies - Airbourne Contaminant Claim Review Board, establish Attorneys - Civil action review board, appointment to Civil Actions - Silicosis disease claims, procedures for Civil Procedure - Silicosis disease claims, procedures for Court, Supreme - Silicosis disease claims, request rules for Effective Dates, Delayed - Silicosis disease claims, January 1, 2012

01/30/12	introduced in House
01/31/12	to Judiciary (H)