Senate Journal: Page 1517: Thursday, May 3, 2001

  While proponents of this bill argue that 10 years should provide ample time
  to
  document any problem or design defect, this time period may not be adequate.
  Construction and building professionals today design structures to last for
  decades, if
  not centuries.  While some defects may arise in the first years after
  construction, others
  may not surface within a 10 year period of time.  During consideration of
  Senate File
  222, legislators heard from large numbers of homeowners and businesses
  stating that a
  10 year statute of repose was too restrictive.  As business building owners,
  corporate
  entities such as Principal Financial Group, Meredith Corporation, and Wells
  Fargo all
  expressed concern over reducing the statute of repose in these situations.

  Supporters of SF 222 have also asserted that the statute of repose should be
  shortened to 10 years in order to bring Iowa more in line with other states'
  legislation.
  While some states do provide shorter time periods, they have also created
  exceptions to
  the statute in order to maintain consumer protection.

  Legislators here considered exceptions to Iowa's statute of repose via
  amendments
  to Senate File 222.  These exceptions would have removed the time limitation
  for filing
  suit where there are allegations of a contractor's intentional disregard of
  building
  codes, breach of express warranties, fraud, willful misconduct, or use of
  defective
  materials.  Unfortunately, the General Assembly chose not to include any
  exceptions to
  the statute of repose, thus further limiting the legal rights of consumers
  who may fall
  victim to the misdeeds of others.

  For the above reasons, I hereby respectfully disapprove Senate File 222.

  Sincerely,
  THOMAS J. VILSACK
  Governor

  MOTIONS TO RECONSIDER FILED

  MADAM PRESIDENT:  I move to reconsider the vote by which Senate File 535
  passed the Senate on May 3, 2001.

  JEFF LAMBERTI

  MADAM PRESIDENT:  I move to reconsider the vote by which House File 670
  passed the Senate on May 3, 2001.

  STEWART IVERSON, JR.

  MADAM PRESIDENT:  I move to reconsider the vote by which House File 732
  passed the Senate on May 3, 2001.

  JEFF LAMBERTI

  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on May 1,
  2001, when the votes were taken on the following:  S-3591 to S-3583 to
  Senate File
  476; House Files 712, 713, and 731; and S-3574, S-3577, S-3578, S-3580, and
  S-3581

© 2001 Cornell College and League of Women Voters of Iowa

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