House Journal: Page 1852: Thursday, May 3, 2001
May 3, 2001
The Honorable Mary Kramer
President of the Senate
State Capitol Building
L O C A L
Dear President Kramer:
I hereby disapprove and transfer Senate File 222, an act relating to the statute of
limitations in civil actions arising out of the unsafe or defective condition of an
improvement to real property.
In 1980, Governor Ray vetoed legislation to establish a statute of repose for
building and construction cases, citing a delicate balance between protecting potential
victims and business interests. In articulating the rational for his veto, Governor Ray
commented that "it is the potential and actual harm to an innocent victim which I must
judge against the arguments of the professional persons who would like to be protected
against law suits after a limited period of time."
I share Governor Ray's concerns for protecting potential victims and appreciate that
our legal system must provide these individuals with a forum to seek legal relief,
should they be injured. Whether it is a neighbor who uses his savings for a new roof
for the family farmhouse that later crumbles due to defective materials or a child who
is injured due to a faulty fire and sprinkler system at his or her school, citizens deserve
an avenue through which they may seek relief for their injuries. Unfortunately, I do
not believe that all such injuries occur neatly within a ten year window. I again echo
Governor Ray's sentiments from his veto message when he stated, "I must think of
those to whom circumstance has not yet brought loss of property, health or even life
and who, if that loss occurs, would seek and yet find no avenue of recovery…"
Realizing the negative effect this bill may have on many of Iowa's consumers,
homeowners, and businesses, I am unable to approve Senate File 222. A statute of
repose stipulates the time period during which individuals may bring lawsuits for
certain injuries or damages. Iowa law currently provides that an individual has fifteen
years to file suit for injuries or damages incurred due to unsafe or defective
improvements to real property. Senate File 222 would reduce this time period from
fifteen to ten years.
Our legal system, by its design, places the primary burden of proof on the party
seeking relief for an injury or damages. To restrict further the time period during
which individuals may pursue legal remedies for their damages would place many
consumers and property owners at a heightened disadvantage in their efforts to seek
redress. It should also be noted that the ten year time period afforded individuals in
Senate File 222 does not begin once they realize a construction defect or incur an
injury. Rather, this time period begins from the date that the potential defendant
commits the act or omission that later causes the injury or damages. This means that
the clock begins to tick against the injured party even before the injured party may
have realized a problem or suffered an injury.
While proponents of this bill argue that ten years should provide ample time to
document any problem or design defect, this time period may not be adequate.
© 2001 Cornell College and
League of Women Voters of Iowa
Comments about this site or page?
hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri May 4 13:35:00 CDT 2001
URL: /DOCS/GA/79GA/Session.1/HJournal/01800/01852.html
jhf