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MO HB975

Bill

Status

Introduced

3/28/2013

Primary Sponsor

Todd Richardson

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Exempts defendants from punitive or exemplary damages in civil actions related to underground hard rock mining or hard rock milling sites that ceased operations before January 1, 1975, provided defendants made good faith remediation efforts.

  • Deems substantial compliance with state or federal remediation or closure orders or permits as automatic evidence of good faith remediation efforts.

  • Removes the exemption if the trier of fact finds the injury involved fraud, malice, or willful and wanton conduct, in which case punitive damages are capped at $500,000 aggregate across all defendants.

  • Requires half of any awarded punitive or exemplary damages to be paid into the Missouri lead abatement loan fund established under section 701.337.

  • Preserves the right of plaintiffs to pursue compensatory damages, including natural resource damage claims, in these civil actions.

Legislative Description

Exempts certain civil actions from damages arising out of underground hard rock mining or hard rock milling unless the injury subject to the action is attended by fraud, malice, or willful and wanton conduct

Last Action

Rules - Reported Do Pass (H)

5/7/2013

Committee Referrals

Rules4/25/2013
General Laws4/4/2013

Full Bill Text

No bill text available