BILL NUMBER: SB 331	CHAPTERED  10/12/03

	CHAPTER  873
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 12, 2003
	PASSED THE SENATE  SEPTEMBER 11, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 8, 2003
	AMENDED IN ASSEMBLY  JULY 16, 2003
	AMENDED IN ASSEMBLY  JUNE 26, 2003
	AMENDED IN SENATE  APRIL 29, 2003

INTRODUCED BY   Senator Romero

                        FEBRUARY 19, 2003

   An act to add Section 340.8 to the Code of Civil Procedure,
relating to toxic injuries.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 331, Romero.  Toxic injuries:  limitation of actions.
   Existing law sets forth the statute of limitations applicable to
various causes of action, including a civil action for injury or
illness based upon exposure to asbestos, as specified.
   This bill would establish a separate statute of limitations for a
civil action for injury or illness based upon exposure to a hazardous
material or toxic substance other than asbestos, as specified.  The
bill would also state the intent of the Legislature to codify and
disapprove the rulings in specific court cases.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 340.8 is added to the Code of Civil Procedure,
to read:
   340.8.  (a) In any civil action for injury or illness based upon
exposure to a hazardous material or toxic substance, the time for
commencement of the action shall be no later than either two years
from the date of injury, or two years after the plaintiff becomes
aware of, or reasonably should have become aware of, (1) an injury,
(2) the physical cause of the injury, and (3) sufficient facts to put
a reasonable person on inquiry notice that the injury was caused or
contributed to by the wrongful act of another, whichever occurs
later.
   (b) In an action for the wrongful death of any plaintiff's
decedent, based upon exposure to a hazardous material or toxic
substance, the time for commencement of an action shall be no later
than either (1) two years from the date of the death of the plaintiff'
s decedent, or (2) two years from the first date on which the
plaintiff is aware of, or reasonably should have become aware of, the
physical cause of the death and sufficient facts to put a reasonable
person on inquiry notice that the death was caused or contributed to
by the wrongful act of another, whichever occurs later.
   (c) For purposes of this section:
   (1) A "civil action for injury or illness based upon exposure to a
hazardous material or toxic substance" does not include an action
subject to Section 340.2 or 340.5.
   (2) Media reports regarding the hazardous material or toxic
substance contamination do not, in and of themselves, constitute
sufficient facts to put a reasonable person on inquiry notice that
the injury or death was caused or contributed to by the wrongful act
of another.
   (d) Nothing in this section shall be construed to limit, abrogate,
or change the law in effect on the effective date of this section
with respect to actions not based upon exposure to a hazardous
material or toxic substance.
  SEC. 2.  It is the intent of the Legislature to codify the rulings
in Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, Norgart v. Upjohn
Co. (1999) 21 Cal.4th 383, and Clark v. Baxter HealthCare Corp.
(2000) 83 Cal.App.4th 1048, in subdivisions (a) and (b) of Section
340.8 of the Code of Civil Procedure, as set forth in this measure,
and to disapprove the ruling McKelvey v. Boeing North American, Inc.
(1999) 74 Cal.App.4th 151, to the extent the ruling in McKelvey is
inconsistent with paragraph (2) of subdivision (c) of Section 340.8
of the Code of Civil Procedure, as set forth in this measure.