SENATE JOINT RESOLUTION NO. 27
INTRODUCED BY HARRINGTON, BIXBY, BRANAE, CALLAHAN, CAMPBELL, CLARK, COHENOUR, COONEY, EATON, ELLINGSON, ELLIOTT, GALLUS, GALVIN-HALCRO, GOLIE, GRINDE, GROESBECK, HANSEN, JACOBSON, JOPEK, JUNEAU, LARSON, LASLOVICH, LINDEEN, MAEDJE, MATTHEWS, MCALPIN, MOSS, NOONAN, RASER, SQUIRES, TOOLE, VILLA, WANZENRIED, WILLIAMS, WILSON, DOWELL
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA URGING THE MONTANA CONGRESSIONAL DELEGATION TO OPPOSE FEDERAL ASBESTOS LEGISLATION THAT WOULD PAY COMPENSATION TO VICTIMS OF ASBESTOS-RELATED DISEASES UNLESS THE LEGISLATION ENSURES THAT THE RESIDENTS OF LIBBY, MONTANA, WHO SUFFER FROM ASBESTOS-RELATED DISEASES ARE INCLUDED WITHIN THE TERMS OF THE LEGISLATION AND RECEIVE THE COMPENSATION THAT THEY NEED AND DESERVE.
WHEREAS, a screening conducted by the U.S. Agency for Toxic Substances and Disease Registry in the year 2000 determined that over 1,100 individuals who had lived in Libby, Montana, for at least 6 months prior to 1991 had abnormalities shown on x-ray films or spirometry that were indicative of adverse exposure to asbestos; and
WHEREAS, although medical research on Libby tremolite asbestos disease is still ongoing and publication of articles fully describing Libby tremolite asbestos disease is still a number of years away, present research does establish that at least 76% of those suffering from Libby tremolite asbestos disease will unfortunately progress from mild to more severe forms of the disease; and
WHEREAS, over 200 individuals are already reported to have died from Libby tremolite asbestos-related disease and many more are expected to die of the disease; and
WHEREAS, the people of Libby are afflicted with tremolite asbestos disease, which resulted from exposure to mining activities by W.R. Grace; and
WHEREAS, hundreds of civil lawsuits were filed in Montana courts seeking to hold W.R. Grace accountable for the injuries and deaths, which resulted from tremolite asbestos exposure; and
WHEREAS, W.R. Grace filed for bankruptcy protection on April 2, 2001, thereby terminating prosecution of the civil suits in Montana courts; and
WHEREAS, W.R. Grace is expected to pay from $1.5 billion to $2 billion for all its asbestos liabilities in the bankruptcy proceeding; and
WHEREAS, federal asbestos legislation has been introduced in the U.S. Congress by Senate Judiciary Committee Chairman Arlen Specter that will preempt all claims by Libby asbestos victims against W.R. Grace and all other potential defendants; and
WHEREAS, the legislation would create a $140 billion asbestos trust fund from which to pay compensation to asbestos victims other than through the judicial system; and
WHEREAS, the federal asbestos legislation as presently drafted excludes Libby tremolite asbestos victims from those who would be compensated from the trust fund for two reasons, those being that the vast majority of Libby claimants have pleural disease caused by tremolite asbestos, not interstitial disease caused by the far more common chrysotile asbestos, and because the medical criteria for compensation in the federal legislation are based on chrysotile asbestos-induced disease; and
WHEREAS, physicians who are familiar with and who have treated hundreds of Libby tremolite asbestos disease patients have carefully reviewed the criteria in the bill and do not believe that Libby tremolite asbestos disease is covered by the bill; and
WHEREAS, the present value of all W.R. Grace's contributions under the federal asbestos legislation amounts to $424 million, which is a small percentage of the amount that W.R. Grace would have to pay for its asbestos liabilities absent the federal asbestos legislation; and
WHEREAS, the principles of fundamental fairness and decency require that no further harm be done to those suffering from Libby tremolite asbestos disease through the passage of federal asbestos legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
That the Legislature urge the Montana Congressional Delegation to oppose any federal asbestos legislation that reduces the amount of compensation that Libby tremolite asbestos disease victims would otherwise receive.
BE IT FURTHER RESOLVED, that in the event that federal asbestos legislation is passed, the Legislature urge the Montana Congressional Delegation to ensure that those suffering from Libby tremolite asbestos disease are covered by the legislation and get the compensation that they need and deserve.
BE IT FURTHER RESOLVED, that the Secretary of State send copies of this resolution to the President of the United States, to the members of the Montana Congressional Delegation, and to all other members of the U.S. Congress.
- END -
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