S.Amdt. 2833

SA 2833. Ms. LANDRIEU submitted an amendment intended to be proposed to amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself and Mr. Leahy)) to the bill S. 852, to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes; which was ordered to lie on the table; as follows:

On page 322, between lines 13 and 14, insert the following:

(C) Small business concerns.--

(i) Definition.--In this subparagraph, the term “small business concern” has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632)).

(ii) Treatment of claims.--Except as provided in clause (iv), in any civil action described under subparagraph (A), the court shall dismiss any asbestos claim against a small business concern, if such small business concern proves that it was not involved in a business involving, and did not use contractors performing duties involving--

(I) handling raw asbestos;

(II) fabricating asbestos-containing products that could lead to exposure to raw asbestos; or

(III) altering, repairing, or otherwise working with asbestos-containing products that could lead to exposure to asbestos fibers.

(iii) Prior judgment.--In a civil action described under subparagraph (A) involving a small business concern, the court may consider the fact that another asbestos claim against such small business concern was dismissed in determining whether such small business concern was not involved in a business involving, and did not use contractors performing duties involving the materials described in subclause (I), (II), or (III) of clause (ii).

(iv) Exceptions.--Clause (ii) and (iii) of this subparagraph shall not apply to--

(I) a claim against an insurance company; or

(II) a claim against a small business concern by a current or former employee of such small business concern.

(v) Procedures for settlement of terminal health claims.--Notwithstanding any other provision of this Act, the settlement requirements under section 106(f)(2) shall not apply to any terminal health claim, as provided under section 106(c)(2), against a small business concern filed before, on, or after the date of enactment of this Act seeking a judgment or order for monetary damages in any Federal or State court.