Senate Study Bill 3167 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to civil actions involving asbestos and silica, 1 and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5524XC (3) 88 ko/jh

S.F. _____ Section 1. Section 686B.3, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. A plaintiff in an asbestos action, including an action 3 alleging a nonmalignant or a malignant condition, or a silica 4 action involving silicosis, shall include with the detailed 5 narrative medical report file with the complaint or other 6 initial pleading a sworn information form containing specifying 7 the evidence that provides the basis for each claim against 8 each defendant. The sworn information form shall include all 9 of the following: 10 a. The plaintiff’s name, address, date of birth, social 11 security number, marital status, occupation, and employer of 12 the exposed person, and any person through whom the exposed 13 person alleges exposure all current and former employers . 14 b. The plaintiff’s relationship to the exposed person 15 or person through whom the exposure is alleged. All of the 16 following with specificity: 17 (1) Each source of exposure to asbestos or silica alleged 18 by the plaintiff. 19 (2) Each person through whom the plaintiff alleges exposure 20 to asbestos or silica. 21 (3) Each asbestos-containing product or silica product, 22 whether from a bankrupt entity or otherwise, to which the 23 plaintiff was exposed, or if the plaintiff was exposed through 24 another person, to which that person was exposed. 25 (4) Each premises at which the plaintiff was exposed to 26 asbestos or silica, or if the plaintiff was exposed through 27 another person, to which that person was exposed. 28 0c. The plaintiff’s relationship to each person through whom 29 the plaintiff was exposed to asbestos or silica. 30 c. The specific location and manner of each alleged 31 exposure, including the specific location and manner of 32 exposure for any person through whom the exposed person alleges 33 exposure plaintiff was exposed to asbestos or silica . 34 d. The beginning and ending dates of each alleged exposure. 35 -1- LSB 5524XC (3) 88 ko/jh 1/ 4

S.F. _____ e. The identity of the manufacturer of the specific asbestos 1 or silica product for each exposure. 2 f. The identity of the defendant or defendants against whom 3 the plaintiff asserts a claim specific relationship of each 4 defendant to the plaintiff, and to each person through whom the 5 plaintiff was exposed to asbestos or silica . 6 g. The specific asbestos-related or silica-related disease 7 claimed to exist. 8 h. Any supporting documentation relating to the information 9 required under this subsection. 10 Sec. 2. Section 686B.3, subsection 3, Code 2020, is amended 11 by striking the subsection. 12 Sec. 3. Section 686B.3, subsection 5, Code 2020, is amended 13 to read as follows: 14 5. a. The court shall dismiss the asbestos action or silica 15 action without prejudice on finding that the plaintiff has 16 failed to make the prima facie showing required by this chapter 17 or failed to comply with the requirements of this section 18 subsection 1 . 19 b. The court shall dismiss the asbestos action or silica 20 action without prejudice as to each defendant for whom 21 the plaintiff lacks reliable defendant-specific evidence 22 of sufficient exposure to asbestos or silica to create a 23 reasonable inference that the plaintiff is plausibly entitled 24 to relief. The court may dismiss the action without prejudice 25 as to all defendants if the plaintiff fails to comply with the 26 requirements of subsection 2. 27 c. If a plaintiff’s representations supporting a claim 28 against a defendant in an asbestos action or a silica action 29 are materially false, the defendant may move the court to 30 strike the plaintiff’s pleading as to that defendant and 31 to award the defendant attorney fees, costs, and any other 32 relief that the court determines is just and proper in the 33 circumstances. 34 Sec. 4. APPLICABILITY. This Act applies to an asbestos 35 -2- LSB 5524XC (3) 88 ko/jh 2/ 4

S.F. _____ action, including an action alleging a nonmalignant or 1 malignant condition, or a silica action involving silicosis 2 filed on or after July 1, 2020. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to civil actions involving asbestos and 7 silica. 8 The bill requires a plaintiff in an asbestos action, 9 including an action alleging a nonmalignant or a malignant 10 condition, or a silica action involving silicosis, to file with 11 the complaint or other initial pleading a sworn information 12 form specifying the evidence that provides the basis for each 13 claim against each defendant. The sworn information form must 14 contain the information as detailed in the bill. Current law 15 does not require a plaintiff in an asbestos action, including 16 an action alleging a malignant condition, or a silica action 17 involving silicosis, to file a sworn information form stating 18 the basis for each claim against each defendant. 19 The bill directs the court to dismiss an asbestos action or 20 a silica action without prejudice on finding that a plaintiff 21 has failed to make a prima facie case. The court is also 22 required to dismiss an asbestos action or silica action without 23 prejudice as to each defendant for whom a plaintiff lacks 24 reliable defendant-specific evidence of sufficient exposure to 25 asbestos or silica to create a reasonable inference that the 26 plaintiff may be entitled to relief. The court may dismiss the 27 action without prejudice as to all defendants if the plaintiff 28 fails to comply with the requirements for the sworn statement. 29 If a plaintiff’s representations supporting a claim against 30 a defendant are materially false, the bill allows the defendant 31 to move the court to strike the plaintiff’s pleading as to that 32 defendant and to award the defendant attorney fees, costs, and 33 any other relief the court determines is just and proper in the 34 circumstances. 35 -3- LSB 5524XC (3) 88 ko/jh 3/ 4

S.F. _____ The provisions in the bill apply to asbestos actions, 1 including actions alleging a nonmalignant or malignant 2 condition, or silica actions involving silicosis filed on or 3 after July 1, 2020. 4 -4- LSB 5524XC (3) 88 ko/jh 4/ 4