SENATE CONCURRENT RESOLUTION NO. 67
(By Senators Kessler, Browning, Foster, Jenkins, Laird, Minard,
Oliverio, Palumbo, Snyder, Stollings, Williams, Yost, Caruth,
Deem and Hall)
[Originating in the Committee on the Judiciary]
Requesting the Joint Committee on Government and Finance study
issues related to asbestos trust disclosures.
Whereas, Millions of American workers and others were exposed
to asbestos, especially during and after World War II and prior to
the promulgation of regulations by the Occupational Safety and
Health Administration in the early 1970s; and
Whereas, Exposure to asbestos has been associated with various
types of cancer, including mesothelioma and lung cancer, as well as
such nonmalignant conditions as asbestosis, pleural plaques and
diffuse pleural thickening; and
Whereas, Corporations filed for bankruptcy, some as a result
of claims arising out of asbestos exposure, resulting in the
creation of trust or claims facilities intended to provide
compensation to claimants alleging injuries as a result of asbestos
exposure; and
Whereas, In excess of $30 billion has been placed with these
trusts for the payment of asbestos claims; and
Whereas, Asbestos claimants may seek compensation for alleged
asbestos-related conditions from both the civil tort system and
from trusts or claims facilities formed in bankruptcy proceedings
if they meet the requirements of a particular trust; and
Whereas, There is a current case management order requiring an
asbestos trust affidavit disclosing all asbestos bankruptcy filings
for a particular case set for trial that some parties feel may be
inadequate; and
Whereas, In order to afford defendants against whom asbestos
claims are filed the right to complete disclosure regarding claims
filed against bankruptcy trusts and in order to preserve assets for
individuals who may in the future bring asbestos claims against
bankruptcy trusts, more transparency about bankruptcy trust claims
may be necessary; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study issues related to asbestos trust disclosures;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to study the need for further
disclosure by claimants in civil actions involving exposure to
asbestos of all current and anticipated claims against bankruptcy
trusts and all supporting documentation filed with the bankruptcy
trusts; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.