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Full Text of SB0040  102nd General Assembly

SB0040 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0040

 

Introduced 1/29/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/Art. II Pt. 24 heading new
735 ILCS 5/2-2401 new
735 ILCS 5/2-2402 new
735 ILCS 5/2-2403 new
735 ILCS 5/2-2404 new
735 ILCS 5/2-2405 new
735 ILCS 5/2-2406 new
735 ILCS 5/2-2407 new

    Amends the Civil Practice Law of the Code of Civil Procedure to add a Part concerning asbestos trust claims. Provides that within 30 days after an asbestos action is filed, the plaintiff shall provide all parties with certain disclosures. Provides that a plaintiff has a continuing duty to supplement the information. Provides that, not less than 60 days before trial, if a defendant believes the plaintiff has not filed all asbestos trust claims, the defendant may move the court for an order to require the plaintiff to file additional trust claims. Provides that trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. Provides that a claim of privilege does not apply to trust claim materials or trust governance documents. Provides that a defendant in an asbestos action may seek discovery from an asbestos trust. Provides that in an asbestos action in which damages are awarded, a defendant is entitled to a setoff in the amount the plaintiff has received from an asbestos trust and the amount the plaintiff will receive as specified in the asbestos trust governance documents. Provides that within 30 days after an asbestos action is filed, the plaintiff shall provide all parties with a sworn information form specifying the evidence that provides the basis for each claim against each defendant.


LRB102 03814 LNS 13827 b

 

 

A BILL FOR

 

SB0040LRB102 03814 LNS 13827 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5adding Part 24 as follows:
 
6    (735 ILCS 5/Art. II Pt. 24 heading new)
7
Part 24. Asbestos Actions

 
8    (735 ILCS 5/2-2401 new)
9    Sec. 2-2401. Definitions. As used in this Part:
10    "Asbestos action" means a claim for damages or other
11relief presented in a civil action arising out of, based on, or
12related to the health effects of exposure to asbestos and any
13derivative claim made by or on behalf of a person exposed to
14asbestos or a representative, spouse, parent, child, or other
15relative of that person.
16    "Asbestos trust" means a government-approved or
17court-approved trust, qualified settlement fund, compensation
18fund, or claims facility created as a result of an
19administrative or legal action, a court-approved bankruptcy,
20or pursuant to 11 U.S.C. 524(g) or 11 U.S.C. 1121(a) or other
21applicable provision of law, that is intended, in whole or in
22part, to provide compensation to claimants arising out of,

 

 

SB0040- 2 -LRB102 03814 LNS 13827 b

1based on, or related to the health effects of exposure to
2asbestos.
3    "Trust claim materials" means a final executed proof of
4claim and all documents and information submitted to or
5received from an asbestos trust by the plaintiff, including
6claim forms and supplementary materials, affidavits,
7depositions and trial testimony of the plaintiff and others
8knowledgeable about the plaintiff's exposure history, work
9history, exposure allegations, medical and health records, all
10documents that reflect the status of a claim against an
11asbestos trust, and all documents relating to the settlement
12of trust claims.
13    "Trust governance documents" means all documents that
14relate to eligibility and payment levels, including claims
15payment matrices, trust distribution procedures, or plans for
16reorganization, for an asbestos trust.
 
17    (735 ILCS 5/2-2402 new)
18    Sec. 2-2402. Required disclosures by plaintiff.
19    (a) Within 30 days after an asbestos action is filed, the
20plaintiff shall provide all parties with:
21        (1) a sworn statement indicating that an investigation
22    has been conducted and that all asbestos trust claims that
23    can be made by the plaintiff have been filed; and
24        (2) all trust claim materials from all law firms
25    connected to the plaintiff in relation to exposure to

 

 

SB0040- 3 -LRB102 03814 LNS 13827 b

1    asbestos.
2    (b) A plaintiff has a continuing duty to supplement the
3information and materials required under subsection (a) within
430 days after the plaintiff supplements an asbestos trust
5claim, receives additional information or materials related to
6an asbestos trust claim, or files an additional trust claim.
 
7    (735 ILCS 5/2-2403 new)
8    Sec. 2-2403. Defendant identification of additional
9asbestos trust claims.
10    (a) Not less than 60 days before trial, if a defendant
11believes the plaintiff has not filed all asbestos trust claims
12as required under Section 2-2402, the defendant may move the
13court for an order to require the plaintiff to file additional
14trust claims.
15    (b) If the court determines that there is a sufficient
16basis for the plaintiff to file an asbestos trust claim
17identified by the defendant, the court shall stay the action
18until the plaintiff files the asbestos trust claim and
19produces all related trust claim materials.
20    (c) An asbestos action may not be set for trial until at
21least 60 days after the plaintiff complies with this Section.
 
22    (735 ILCS 5/2-2404 new)
23    Sec. 2-2404. Discovery; use of materials.
24    (a) Trust claim materials and trust governance documents

 

 

SB0040- 4 -LRB102 03814 LNS 13827 b

1are presumed to be relevant and authentic, and are admissible
2in evidence in an asbestos action. A claim of privilege does
3not apply to trust claim materials or trust governance
4documents.
5    (b) A defendant in an asbestos action may seek discovery
6from an asbestos trust. The plaintiff may not claim privilege
7or confidentiality to bar discovery and shall provide consent
8or other expression of permission that may be required by the
9asbestos trust to release information and materials sought by
10a defendant.
 
11    (735 ILCS 5/2-2405 new)
12    Sec. 2-2405. Setoff. In an asbestos action in which
13damages are awarded, a defendant is entitled to a setoff in the
14amount the plaintiff has received from an asbestos trust and,
15for trust claims not yet paid as of the date of entry of
16judgment, the amount the plaintiff will receive as specified
17in the asbestos trust governance documents. If multiple
18defendants are found liable for damages, the court shall
19distribute the amount of the setoff proportionally between the
20defendants, according to the liability of each defendant.
 
21    (735 ILCS 5/2-2406 new)
22    Sec. 2-2406. Asbestos action; filing of sworn information
23form; dismissal without prejudice.
24    (a) Within 30 days after an asbestos action is filed, the

 

 

SB0040- 5 -LRB102 03814 LNS 13827 b

1plaintiff shall provide all parties with a sworn information
2form specifying the evidence that provides the basis for each
3claim against each defendant. The sworn information form is in
4addition to any information required to be disclosed under
5Section 2-2402 and shall include all of the following with
6specificity:
7        (1) the name, address, date of birth, marital status,
8    occupation, smoking history, current and past work sites,
9    and current and past employers of the exposed person and
10    any person through whom the exposed person was exposed to
11    asbestos;
12        (2) each person through whom the exposed person was
13    exposed to asbestos and the exposed person's relationship
14    to each such person;
15        (3) each asbestos-containing product to which the
16    person was exposed and each physical location at which the
17    person was exposed to asbestos, or the other person was
18    exposed if exposure was through another person;
19        (4) the identity of the manufacturer or seller of the
20    specific asbestos product for each exposure;
21        (5) the specific location and manner of each exposure,
22    including the specific location and manner of each
23    exposure for any person through whom the exposed person
24    was exposed to asbestos;
25        (6) the beginning and ending dates of each exposure,
26    the frequency and length of each exposure, and the

 

 

SB0040- 6 -LRB102 03814 LNS 13827 b

1    proximity of the asbestos-containing product or its use to
2    the exposed person and any person through whom the exposed
3    person was exposed to asbestos;
4        (7) the specific asbestos-related disease claimed to
5    exist;
6        (8) a certification that any claim that can be made by
7    the plaintiff with a bankruptcy trust concerning any
8    asbestos injury has been filed; and
9        (9) any supporting documentation relating to the
10    information required under this Section.
11    (b) A plaintiff has a continuing duty to supplement the
12information disclosed under subsection (a).
13    (c) The court shall dismiss a plaintiff's asbestos claim
14without prejudice as to any defendant whose product or
15premises is not identified in the required disclosures set
16forth in subsection (a).
17    (d) The court shall dismiss a plaintiff's asbestos claim
18without prejudice as to all defendants if a plaintiff fails to
19comply with this Section.
 
20    (735 ILCS 5/2-2407 new)
21    Sec. 2-2407. Applicability. This Part applies to asbestos
22actions that are filed on or after the effective date of this
23Part.