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HB 293 (BR 488) - J. Fischer, S. Riggs, B. Rowland
AN ACT relating to asbestos bankruptcy trust claims and declaring an emergency.
Create a new section of KRS Chapter 411 to define "asbestos action," "asbestos trust," "trust claims materials," and "trust governance documents"; create a new section of KRS Chapter 411 to require a plaintiff filing an asbestos action to provide certain information and documents within 30 days of filing the action, and to supplement the information within 30 days of filing any additional asbestos trust claims; allow a court to extend trial date if plaintiff fails to comply; establish presumption of relevance of trust materials and documents; prohibit plaintiff from claiming privilege or confidentiality to bar discovery; create a new section of KRS Chapter 411 to allow a defendant that has at least 60 days before trial, identified additional asbestos claims, to move the court for an order requiring that the plaintiff file those claims; require that the plaintiff file a response within 10 days of defendant's motion; allow the court to order the plaintiff to file additional claims; establish sufficiency standard for asbestos trust claim; establish a rebuttable presumption that the plaintiff will receive additional compensation from the asbestos trust; allow the court to take judicial notice of specific amounts and to establish an attributed value of the trust claim; create a new section of KRS Chapter 411 to allow a court to reopen a judgment if an additional claim is determined to have existed at the time of the filed asbestos action and the defendant motions the court to do so within one year of the original judgment; EMERGENCY.
HCS1 - Create a new section of KRS Chapter 411 to define "asbestos action," "asbestos trust," "trust claims materials," and "trust governance documents"; create a new section of KRS Chapter 411 to require a plaintiff filing an asbestos action to provide parties with a sworn statement; make available to all parties certain claims information; establish plaintiff's failure to provide claim information as grounds for extending trial date; require the court to stay the action for plaintiff's failure to provide information in sworn statement; provide for sanctions against the plaintiff for failure; establish discretionary stay in action until plaintiff files trust claims; establish admissibility of trust claims material; and prohibit claim of privilege for certain trust materials; create a new section of KRS Chapter 411 to allow a defendant to identify trust claims not filed by plaintiff; allow a defendant to request a court to require the plaintiff to claim potential claims; provide for the plaintiff's response to defendants motion to require claim filing; require a stay of asbestos action if court determines sufficient basis for trust claims to be filed by plaintiff; require court enter into record trust claims documents; establish admissibility of asbestos trust claims; establish that sufficiency of evidence to support jury finding products covered by a trust may be a substantial factor in plaintiff's injury; provide defendant the right to setoff or credit from certain asbestos trust claim damages; authorize Sections 1 to 3 to be cited to as the "Asbestos Bankruptcy Trust Claims Transparency Act"; EMERGENCY.
Feb 01, 2018 - introduced in House
Feb 05, 2018 - to Banking & Insurance (H); posted in committee
Feb 07, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 08, 2018 - 2nd reading, to Rules
Feb 09, 2018 - posted for passage in the Regular Orders of the Day for Monday, February 12, 2018
Mar 15, 2018 - taken from the Orders of the Day; recommitted to Judiciary (H)