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GOVERNOR'S VETO MESSAGE 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 rationale 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 10 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 15 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 15 to 10 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 10 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.
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