House Study Bill 600 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) 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 5524YC (5) 88 ko/jh

H.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 with specificity : 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 or 15 person through whom the exposure is alleged. 16 b. Each source of the plaintiff’s exposure to asbestos or 17 silica. 18 0c. Each person through whom the plaintiff was exposed to 19 asbestos or silica, and the plaintiff’s connection to each 20 person. 21 00c. 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 000c. 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 c. The specific location and manner of each alleged 29 exposure, including the specific location and manner of 30 exposure for any person through whom the exposed person alleges 31 exposure plaintiff was exposed to asbestos or silica . 32 d. The beginning and ending dates of each alleged exposure. 33 e. The identity of the manufacturer of the specific asbestos 34 or silica product for each exposure. 35 -1- LSB 5524YC (5) 88 ko/jh 1/ 4

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

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

H.F. _____ after July 1, 2020. 1 -4- LSB 5524YC (5) 88 ko/jh 4/ 4