Senate
File
2337
-
Enrolled
Senate
File
2337
AN
ACT
RELATING
TO
CIVIL
ACTIONS
INVOLVING
ASBESTOS
AND
SILICA,
AND
INCLUDING
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
686B.3,
subsection
2,
Code
2020,
is
amended
to
read
as
follows:
2.
A
plaintiff
in
an
asbestos
action,
including
an
action
alleging
a
nonmalignant
or
a
malignant
condition,
or
a
silica
action
involving
silicosis,
shall
include
with
the
detailed
narrative
medical
report
file
with
the
petition
or
other
initial
pleading
a
sworn
information
form
containing
specifying
the
evidence
that
provides
the
basis
for
each
claim
against
each
defendant.
The
sworn
information
form
shall
include
all
of
the
following
with
specificity
:
a.
The
name,
address,
date
of
birth,
social
security
number,
marital
status,
occupation,
current
and
past
worksites,
and
employer
of
the
exposed
person
,
and
any
person
through
whom
the
exposed
person
alleges
exposure
.
Senate
File
2337,
p.
2
b.
The
plaintiff’s
relationship
to
the
exposed
person
or
person
through
whom
the
exposure
is
alleged.
b.
Each
person
through
whom
the
exposed
person
was
exposed
to
asbestos
or
silica,
and
the
exposed
person’s
relationship
to
each
person.
c.
Each
asbestos-containing
product
or
silica
product,
whether
from
a
bankrupt
entity
or
otherwise,
to
which
the
exposed
person
was
exposed,
or
if
the
exposed
person
was
exposed
through
another
person,
to
which
that
person
was
exposed.
c.
d.
The
specific
location
and
manner
of
each
alleged
exposure,
including
the
specific
location
and
manner
of
exposure
for
any
person
through
whom
the
exposed
person
alleges
exposure
was
exposed
to
asbestos
or
silica
.
d.
e.
The
beginning
and
ending
dates
of
each
alleged
exposure
and
the
frequency
of
the
exposure
of
the
exposed
person
to
the
product
or
its
use,
including
for
any
person
through
whom
the
exposed
person
was
exposed
.
e.
f.
The
identity
of
the
manufacturer
or
seller
of
the
specific
asbestos
or
silica
product
for
each
exposure.
f.
The
identity
of
the
defendant
or
defendants
against
whom
the
plaintiff
asserts
a
claim.
g.
The
specific
asbestos-related
or
silica-related
disease
claimed
to
exist.
h.
Any
supporting
documentation
relating
to
the
information
required
under
this
subsection.
Sec.
2.
Section
686B.3,
subsection
3,
Code
2020,
is
amended
by
striking
the
subsection.
Sec.
3.
Section
686B.3,
subsection
5,
Code
2020,
is
amended
to
read
as
follows:
5.
The
court
shall
dismiss
the
asbestos
action
or
silica
action
without
prejudice
on
finding
that
the
plaintiff
has
failed
to
make
the
prima
facie
showing
required
by
this
chapter
or
failed
to
comply
with
the
requirements
of
this
section
subsections
1
and
2
.
The
court
shall
dismiss
the
asbestos
action
or
silica
action
without
prejudice
as
to
any
defendant
whose
product
or
premises
is
not
identified
in
the
information
required
pursuant
to
subsection
2.
Sec.
4.
APPLICABILITY.
This
Act
applies
to
an
asbestos
Senate
File
2337,
p.
3
action,
including
an
action
alleging
a
nonmalignant
or
malignant
condition,
or
a
silica
action
involving
silicosis
filed
on
or
after
July
1,
2020.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2337,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor