HB 343 (BR 1388) - S. Riggs, D. Floyd, M. Cherry, B. Housman, M. Rader, T. Thompson
AN ACT relating to airborne contaminants.
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.
Jan 30-introduced in House
Jan 31-to Judiciary (H)