Current Status Introducing Body:Senate Bill Number:871 Primary Sponsor:Pope Type of Legislation:GB Subject:Asbestos, public buildings Residing Body:Senate Current Committee:Judiciary Computer Document Number:CYY/18026.SD Introduced Date:Apr 10, 1991 Last History Body:Senate Last History Date:May 22, 1991 Last History Type:Committee Report: Favorable Scope of Legislation:Statewide All Sponsors:Pope Williams Waddell Setzler Bryan Macaulay Type of Legislation:General Bill
Bill Body Date Action Description CMN
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871 Senate May 22, 1991 Committee Report: Favorable 11
871 Senate Apr 10, 1991 Introduced, read first time, 11
referred to Committee
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COMMITTEE REPORT
May 22, 1991
S. 871
Introduced by SENATORS Pope, Williams, Waddell, Setzler, Bryan and Macaulay
S. Printed 5/22/91--S.
Read the first time April 10, 1991.
To whom was referred a Bill (S. 871), to amend the Code of Laws of South Carolina, 1976, by adding Section 15-3-531 so as to provide that certain actions relating to asbestos in public buildings, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
THOMAS H. POPE, III, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN FIVE YEARS AFTER THE PUBLIC ENTITY SEEKING TO RECOVER HAS COMPLETED THE ABATEMENT WORK OR DISCOVERED THE IDENTITY OF THE MANUFACTURER OF THE MATERIALS, WHICHEVER IS LATER, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Whereas, the General Assembly finds that the use of asbestos-containing materials in public buildings in South Carolina has led to unique health-related environmental questions requiring a strong risk assessment monitoring program to protect the public interest; and
Whereas, asbestos-containing materials have been sold to public building owners in South Carolina by various manufacturers and suppliers of these products; and
Whereas, substantial amounts of asbestos-containing materials, particularly in sprayed form, have been used in public buildings in South Carolina, especially between 1946 and 1972; and
Whereas, exposure to asbestos fibers has been identified over a long period of time and by reputable medical and scientific evidence as
significantly increasing the incidence of cancer and other severe or fatal diseases; and
Whereas, medical science has not established a minimum level of exposure to asbestos fibers which is considered to be safe to individuals exposed to these fibers; and
Whereas, the presence of friable and potentially friable asbestos-containing materials in public buildings is potentially hazardous to the public health; and
Whereas, these asbestos-containing materials deteriorate with the passage of time causing contamination of property in public buildings; and
Whereas, upon certain renovations or at demolition, significant and expensive health-protective measures are required by federal law to minimize the release of fibers in asbestos-containing materials. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 3, Title 15 of the 1976 Code is amended by adding:
"Section 15-3-531. (A) Notwithstanding the provisions of Section 15-3-530 or any other provision of law, an action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of a county, municipality, school district, or housing authority, the State, or any other political subdivision of the State, referred to in this section as a public entity, to recover for (1) necessary removal for health or safety reasons of asbestos or materials containing asbestos from a building owned or used by the public entity or (2) reimbursement for the removal, correction, or amelioration necessary for health or safety reasons, related to asbestos in the building, accruing on or after the effective date of this section, must be brought within five years after the date on which the public entity seeking to recover has completed the abatement work or discovered the identity of the manufacturer of the materials which are abated, whichever is later.
(B) The provisions of this section must not be construed to imply that an action by a public entity against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period.
(C) If the provisions of Chapter 3 of Title 15 are inconsistent with any other provision of law, the provisions of Chapter 3 control."
SECTION 2. This act takes effect upon approval by the Governor.