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MO HB975
Bill
Status
3/28/2013
Primary Sponsor
Todd Richardson
Click for details
AI Summary
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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.
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Deems substantial compliance with state or federal remediation or closure orders or permits as automatic evidence of good faith remediation efforts.
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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.
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Requires half of any awarded punitive or exemplary damages to be paid into the Missouri lead abatement loan fund established under section 701.337.
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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