OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 63 Bill Analysis
135th General Assembly
Click here for S.B. 63’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsor: Sen. Lang
Effective Date:
Ashley F. Dean, Attorney
SUMMARY
▪ Requires a plaintiff in a tort action alleging an asbestos claim to file a sworn statement
of specified disclosures within 60 days of filing the complaint.
▪ Requires the plaintiff to continue to supplement the information that the plaintiff is
required to disclose.
▪ Provides for the dismissal of an asbestos claim under specified circumstances, but
prohibits the dismissal of an asbestos claim under those circumstances upon a showing
of good cause by the plaintiff.
▪ Specifies that the bill applies to an asbestos claim that is filed on or after the effective
date of the bill.
▪ Specifies that the bill does not apply to a claim for workers’ compensation or a claim for
veterans’ benefits.
DETAILED ANALYSIS
Plaintiff in asbestos tort case required to file sworn statement
Under the bill, within 60 days of filing any complaint, a plaintiff in any tort action who is
alleging an asbestos claim must file a sworn statement signed by the plaintiff or plaintiff’s
counsel specifying the evidence providing the basis for each asbestos claim against each
defendant, including the following:1
1. The name, address, date of birth, marital status, occupation, smoking history, current
and past worksites, and current and past employers of the exposed person and any
person through whom the person was exposed to asbestos;
1 R.C. 2307.931(B).
August 22, 2024
Office of Research and Drafting LSC Legislative Budget Office
2. The name, address, and relationship to the exposed person of each person who is
knowledgeable regarding the exposed person’s exposures to asbestos;
3. The manufacturer and seller and the specific brand and trade name of each asbestos-
containing product to which the exposed person was exposed or to which the other
person was exposed if the exposure was through another person;
4. For each exposure to an asbestos-containing product, each site and specific location at
each site, including the address of each site, where the exposed person was exposed or
where the other person was exposed if the exposure was through another person;
5. The beginning and ending dates of each exposure, the specific manner of each
exposure, the frequency and length of each exposure, and the proximity of the
asbestos-containing product or its use to the exposed person and to each person
through whom the exposed person was exposed to asbestos;
6. The specific asbestos-related disease that is alleged;
7. Any supporting documentation relating to the required disclosures listed above.
The sworn statement is in addition to the current requirements under Ohio’s Asbestos
Claims Law.2
Definition of “each exposure”
The bill defines “each exposure” as every exposure to asbestos or an asbestos-
containing product by an exposed person or by a person through whom the exposed person
was exposed to asbestos.3
Supplemental information and dismissal of claim
The plaintiff must continue to supplement the information provided under the required
disclosures as information and documentation becomes available, including when the plaintiff
receives new exposure history information or becomes aware that a prior disclosure was
inaccurate or incomplete.4 The plaintiff cannot commence discovery against a defendant in a
tort action alleging an asbestos claim until the defendant’s product or premises is specifically
identified in the disclosures.5
2 R.C. 2307.931(C).
3 R.C. 2307.931(A).
4 R.C. 2307.931(D).
5 R.C. 2307.931(E).
P a g e |2 S.B. 63
As Passed by the Senate
Office of Research and Drafting LSC Legislative Budget Office
Motion by defendant
Except as provided under “Showing of good cause by plaintiff,” below, on a
motion by a defendant in a tort action alleging an asbestos claim, the court must dismiss the
plaintiff’s claim without prejudice against either of the following:6
1. The defendant if the defendant’s asbestos-containing product or site is not specifically
identified in the disclosures required in the sworn statement described above;
2. The defendant or all defendants, as applicable, if the plaintiff fails to properly file the
sworn statement described above.
The plaintiff has 30 days from the date of filing of the defendant’s motion described in
the preceding paragraph to file disclosures that comply with the requirements listed above or
otherwise respond to the defendant’s motion.7 A claim that is dismissed is dismissed other than
upon the merits for the purpose of saving in case of reversal.8
Showing of good cause by plaintiff
The court may not dismiss a plaintiff’s claim upon a motion by the defendant as
described in “Motion by defendant,” above, upon a showing of good cause by the
plaintiff.9
Application of bill’s provisions
The bill applies to asbestos claims filed on or after the effective date of the bill.10 The bill
does not apply to a claim for workers’ compensation or a claim for veterans’ benefits. 11
HISTORY
Action Date
Introduced 02-21-23
Reported, S. Insurance 11-21-23
Recommitted to S. Insurance 05-08-24
Re-reported, S. Insurance 05-22-24
Passed Senate (21-10) 05-22-24
ANSB0063PS-135/ar
6 R.C. 2307.931(F).
7 R.C. 2307.931(G).
8 R.C. 2307.931(H).
9 R.C. 2307.931(I).
10 R.C. 2307.931(J).
11 R.C. 2307.931(K).
P a g e |3 S.B. 63
As Passed by the Senate