Bill Text: MS SB2026 | 2026 | Regular Session | Comm Sub
Bill Title: Asbestos Action Over-naming Reform Act; enact.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2026-02-12 - Died On Calendar [SB2026 Detail]
Download: Mississippi-2026-SB2026-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division A
By: Senator(s) Wiggins, England
Senate Bill 2026
(COMMITTEE SUBSTITUTE)
AN ACT TO ENACT THE ASBESTOS ACTION OVER-NAMING REFORM ACT; TO CREATE NEW SECTION 11-78-1, MISSISSIPPI CODE OF 1972, TO PROVIDE A SHORT TITLE; TO CREATE NEW SECTION 11-78-3, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 11-78-5, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN DISCLOSURES BY THE PLAINTIFF; TO REQUIRE THAT A PLAINTIFF SHALL SUPPLEMENT THE INFORMATION REQUIRED BY THIS SECTION WHEN THE PLAINTIFF RECEIVES INFORMATION THAT IS REQUIRED TO BE DISCLOSED OR BECOMES AWARE THAT A PRIOR DISCLOSURE WAS INACCURATE OR INCOMPLETE; TO CREATE NEW SECTION 11-78-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISMISSAL OF AN ASBESTOS ACTION WITHOUT PREJUDICE ON MOTION OF A DEFENDANT; TO CREATE NEW SECTION 11-78-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ACT SHALL APPLY TO ALL ASBESTOS ACTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 11-78-1, Mississippi Code of 1972:
11-78-1. Short title. This chapter may be cited and shall be known as the "Asbestos Action Over-naming Reform Act."
SECTION 2. The following shall be codified as Section 11-78-3, Mississippi Code of 1972:
11-78-3. Definitions. As used in this chapter, the following words and phrases have the meaning ascribed herein unless the context clearly requires otherwise:
(a) "Asbestos" has the meaning assigned under Section 11-67-5(a).
(b) "Asbestos action" has the meaning assigned under Section 11-67-5(b).
SECTION 3. The following shall be codified as Section 11-78-5, Mississippi Code of 1972:
11-78-5. Required disclosures by the plaintiff; duty to supplement. (1) Within thirty (30) days after an asbestos action is filed, the plaintiff shall file a sworn statement specifying the basis for each claim against each defendant in addition to any disclosures required by Section 11-67-7. The sworn statement required by this section shall include all of the following:
(a) The manufacturer or seller and brand and trade name of each asbestos-containing product to which the plaintiff was exposed or the other person was exposed if exposure was through another person;
(b) The location of each exposure, including for any person through whom the plaintiff alleges exposure;
(c) The beginning and ending dates of each exposure;
(d) The asbestos-related disease that is alleged; and
(e) A supporting documentation relating to the information required in this section.
(2) A plaintiff shall supplement the information required by this section when the plaintiff receives information that is required to be disclosed or becomes aware that a prior disclosure was inaccurate or incomplete.
SECTION 4. The following shall be codified as Section 11-78-7, Mississippi Code of 1972:
11-78-7. Dismissal of asbestos action without prejudice. The court, on motion by a defendant, may dismiss the asbestos action without prejudice against any defendant whose product or premises is not identified in the disclosures required by Section 11-68-5 if the plaintiff fails to comply with this chapter.
SECTION 5. The following shall be codified as Section 11-78-9, Mississippi Code of 1972:
11-78-9. Application. This chapter shall apply to all asbestos actions filed on or after the effective date of this act.
SECTION 6. This act shall take effect and be in force from and after its passage.
