Severability

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In the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other parts, portions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this chapter which shall remain of full force and effect as if the part, portion, section, subsection, paragraph, sentence, clause, phrase, or word so declared or adjudged invalid or unconstitutional were not originally a part hereof. For example, if a court determines that a particular word renders any portion or application of this chapter unconstitutional, in that event, the court shall strike that word and apply this chapter as if it were enacted without that word. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. The General Assembly does not intend for this chapter to make any substantive change in the law governing claims that accrued before April 12, 2005, and has only included procedural provisions that govern where such claims can be filed and what early reports must be filed in such cases. This chapter shall be interpreted consistently with the General Assembly's intention not to make any substantive changes in the law applicable to cases that accrued before April 12, 2005. The General Assembly expressly declares its intent that Code Section 51-14-9 remain in full force and effect if any other part or parts of this chapter shall be declared or adjudged invalid or unconstitutional. The General Assembly further expressly declares its intent that, in the event any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter shall be declared or adjudged invalid or unconstitutional as applied to asbestos claims or silica claims that accrued before April 12, 2005, such adjudication shall in no manner affect the applicability of any part, portion, section, subsection, paragraph, sentence, clause, phrase, or word of this chapter to asbestos claims or silica claims that accrued or may accrue on or after May 1, 2007.

(Code 1981, §51-14-13, enacted by Ga. L. 2007, p. 4, § 1/SB 182.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2007, this Code section, originally designated as Code Section 54-14-13, was redesignated as Code Section 51-14-13.

CHAPTER 15 ASBESTOS CLAIMS

Sec.

  • 51-15-1. Legislative findings; limitations on liabilities.
  • 51-15-2. Definitions.
  • 51-15-3. Domestic or foreign corporation as successor; exemption from limitations.
  • 51-15-4. Determination of liability and limitation on liability.
  • 51-15-5. Fair market value determinations; gross assets determination.
  • 51-15-6. Market value; prime rate; adjustment.
  • 51-15-7. Liberal interpretation to accomplish remedial purposes.
  • 51-15-8. Severability.
Editor's notes.

- Ga. L. 2007, p. 4, § 3/SB 182, not codified by the General Assembly, provides for additional severability.

Ga. L. 2007, p. 4, § 4/SB 182, not codified by the General Assembly, provides that this chapter shall become effective May 1, 2007, and shall apply to asbestos claims that accrued or may accrue on or after that date.


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