SENATE CONCURRENT RESOLUTION NO. 56
(By Senators Kessler, Foster, Green, Hunter, Minard, Oliverio,
Wells, White, Barnes and Caruth)
[Originating in the Committee on the Judiciary]
Requesting the Joint Committee on Government and Finance study
current law and practice of mass tort litigation related to
exposure to asbestos and silica.
Whereas, Asbestos is a mineral that was used extensively in
industrial applications, especially during the period from 1940
through the 1970s; and
Whereas, Silica is a naturally occurring mineral used in the
production of glass, ceramics and buildings materials; and
Whereas, It has been indisputably determined that exposure to
asbestos and silica can lead to deteriorating health and sometimes
death; and
Whereas, Thousands of West Virginians have been exposed to
asbestos and silica over the years; and
Whereas, A significant number of lawsuits have been filed in
West Virginia and elsewhere, sometimes with hundreds, even
thousands, of litigants; and
Whereas, The aforementioned lawsuits have exposed certain businesses to significant monetary liability; and
Whereas, Controversy has arisen in the areas of compensable
injury, medical standards of disability degree of impairment and
other areas which may be amenable to fair resolution through
legislation; and
Whereas, It is inherently the duty of the Legislature to
protect the legal rights of individuals and corporate citizens
alike; and
Whereas, It is also the duty of the Legislature to do what is
in its power to ensure its citizens' access to the courts; and
Whereas, The amount of litigation has put strain on the
state's judicial system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study current law and practice of mass tort litigation
related to exposure to asbestos and silica; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, 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.
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