STATEMENT TO

[First Reprint]

ASSEMBLY, No. 2188

with Senate Floor Amendments

(Proposed By Senator CIESLA)

ADOPTED: DECEMBER 11, 1997

      These floor amendments would provide that the provisions of the bill would not bar an action by a governmental unit: (1) on a written warranty, guaranty or other contract that expressly provides for a longer effective period; (2) based on willful misconduct, gross negligence or fraudulent concealment in connection with performing or furnishing the design, planning, supervision or construction of an improvement to real property; (3) under any environmental remediation law or pursuant to any contract entered into by a governmental unit in carrying out its responsibilities under any environmental remediation law; or (4) pursuant to any contract for application, enclosure, removal or encapsulation of asbestos.

      The amendments provide that asbestos shall have the meaning as defined in chapter 5A of Title 34 of the Revised Statutes (C.34:5A-34a) and any regulations adopted pursuant thereto and "environmental remediation law" means chapter 10B of Title 58 of the Revised States (C.58:10B-1 et seq.) and any regulations adopted pursuant thereto.

      The floor amendments also amend the effective date to provide that the act shall apply to any cause of action which accrues after the effective date.