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S. B. No. 2026 *SS08/R314CS* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Wiggins, England
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2026
AN ACT TO ENACT THE ASBESTOS ACTION OVER-NAMING REFORM ACT; 1
TO CREATE NEW SECTION 11-78-1, MISSISSIPPI CODE OF 1972, TO 2
PROVIDE A SHORT TITLE; TO CREATE NEW SECTION 11-78-3, MISSISSIPPI 3
CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 11-78-5, 4
MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN DISCLOSURES BY THE 5
PLAINTIFF; TO REQUIRE THAT A PLAINTIFF SHALL SUPPLEMENT THE 6
INFORMATION REQUIRED BY THIS SECTION WHEN THE PLAINTIFF RECEIVES 7
INFORMATION THAT IS REQUIRED TO BE DISCLOSED OR BECOMES AWARE THAT 8
A PRIOR DISCLOSURE WAS INACCURATE OR INCOMPLETE; TO CREATE NEW 9
SECTION 11-78-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISMISSAL 10
OF AN ASBESTOS ACTION WITHOUT PREJUDICE ON MOTION OF A DEFENDANT; 11
TO CREATE NEW SECTION 11-78-9, MISSISSIPPI CODE OF 1972, TO 12
PROVIDE THAT THE ACT SHALL APPLY TO ALL ASBESTOS ACTIONS FILED ON 13
OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. The following shall be codified as Section 16
11-78-1, Mississippi Code of 1972: 17
11-78-1. Short title. This chapter may be cited and shall 18
be known as the "Asbestos Action Over-naming Reform Act." 19
SECTION 2. The following shall be codified as Section 20
11-78-3, Mississippi Code of 1972: 21
11-78-3. Definitions. As used in this chapter, the 22
following words and phrases have the meaning ascribed herein 23
unless the context clearly requires otherwise: 24
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(a) "Asbestos" has the meaning assigned under Section 25
11-67-5(a). 26
(b) "Asbestos action" has the meaning assigned under 27
Section 11-67-5(b). 28
SECTION 3. The following shall be codified as Section 29
11-78-5, Mississippi Code of 1972: 30
11-78-5. Required disclosures by the plaintiff; duty to 31
supplement. (1) Within thirty (30) days after an asbestos action 32
is filed, the plaintiff shall file a sworn statement specifying 33
the basis for each claim against each defendant in addition to any 34
disclosures required by Section 11-67-7. The sworn statement 35
required by this section shall include all of the following: 36
(a) The manufacturer or seller and brand and trade name 37
of each asbestos-containing product to which the plaintiff was 38
exposed or the other person was exposed if exposure was through 39
another person; 40
(b) The location of each exposure, including for any 41
person through whom the plaintiff alleges exposure; 42
(c) The beginning and ending dates of each exposure; 43
(d) The asbestos-related disease that is alleged; and 44
(e) A supporting documentation relating to the 45
information required in this section. 46
(2) A plaintiff shall supplement the information required by 47
this section when the plaintiff receives information that is 48
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ST: Asbestos Action Over-naming Reform Act;
enact.
required to be disclosed or becomes aware that a prior disclosure 49
was inaccurate or incomplete. 50
SECTION 4. The following shall be codified as Section 51
11-78-7, Mississippi Code of 1972: 52
11-78-7. Dismissal of asbestos action without prejudice. 53
The court, on motion by a defendant, may dismiss the asbestos 54
action without prejudice against any defendant whose product or 55
premises is not identified in the disclosures required by Section 56
11-68-5 if the plaintiff fails to comply with this chapter. 57
SECTION 5. The following shall be codified as Section 58
11-78-9, Mississippi Code of 1972: 59
11-78-9. Application. This chapter shall apply to all 60
asbestos actions filed on or after the effective date of this act. 61
SECTION 6. This act shall take effect and be in force from 62
and after its passage. 63