Senate File 2337 - Introduced SENATE FILE 2337 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3167) 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 5524SV (2) 88 ko/jh
S.F. 2337 Section 1. Section 686B.3, subsection 2, Code 2020, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 2. A plaintiff in an asbestos action, including an action 4 alleging a nonmalignant or a malignant condition, or a silica 5 action involving silicosis, shall file with the petition or 6 other initial pleading a sworn information form specifying the 7 evidence that provides the basis for each claim against each 8 defendant. The sworn information form shall include all of the 9 following with specificity: 10 a. The name, address, date of birth, marital status, 11 occupation, current and past worksites, and employer of the 12 exposed person. 13 b. Each person through whom the exposed person was exposed 14 to asbestos or silica, and the exposed person’s relationship 15 to each person. 16 c. Each asbestos-containing product or silica product, 17 whether from a bankrupt entity or otherwise, to which the 18 exposed person was exposed, or if the exposed person was 19 exposed through another person, to which that person was 20 exposed. 21 d. The specific location and manner of each exposure, 22 including the specific location and manner of exposure for any 23 person through whom the exposed person was exposed to asbestos 24 or silica. 25 e. The beginning and ending dates of each exposure, the 26 frequency of the exposure, the proximity in distance and time 27 of the exposed person to the product or its use, and the 28 regularity of the exposure, including for any person through 29 whom the exposed person was exposed. 30 f. The identity of the manufacturer or seller of the 31 specific asbestos or silica product for each exposure. 32 g. The specific asbestos-related or silica-related disease 33 claimed to exist. 34 h. Any supporting documentation relating to the information 35 -1- LSB 5524SV (2) 88 ko/jh 1/ 3
S.F. 2337 required under this subsection. 1 Sec. 2. Section 686B.3, subsection 3, Code 2020, is amended 2 by striking the subsection. 3 Sec. 3. Section 686B.3, subsection 5, Code 2020, is amended 4 to read as follows: 5 5. The court shall dismiss the asbestos action or silica 6 action without prejudice on finding that the plaintiff has 7 failed to make the prima facie showing required by this chapter 8 or failed to comply with the requirements of this section 9 subsections 1 and 2 . The court shall dismiss the asbestos 10 action or silica action without prejudice as to any defendant 11 whose product or premises is not identified in the information 12 required pursuant to subsection 2. 13 Sec. 4. APPLICABILITY. This Act applies to an asbestos 14 action, including an action alleging a nonmalignant or 15 malignant condition, or a silica action involving silicosis 16 filed on or after July 1, 2020. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to civil actions involving asbestos and 21 silica. 22 The bill requires a plaintiff in an asbestos action, 23 including an action alleging a nonmalignant or a malignant 24 condition, or a silica action involving silicosis, to file with 25 the complaint or other initial pleading a sworn information 26 form specifying the evidence that provides the basis for each 27 claim against each defendant. The sworn information form must 28 contain the information as detailed in the bill. Current law 29 does not require a plaintiff in an asbestos action, including 30 an action alleging a malignant condition, or a silica action 31 involving silicosis, to file a sworn information form stating 32 the basis for each claim against each defendant. 33 The bill directs the court to dismiss an asbestos action or a 34 silica action without prejudice on finding that a plaintiff has 35 -2- LSB 5524SV (2) 88 ko/jh 2/ 3
S.F. 2337 failed to make a prima facie case or failed to file a detailed 1 medical report and sworn information form. The court is also 2 required to dismiss an asbestos action or silica action without 3 prejudice as to any defendant whose product or premises is not 4 identified in the sworn information form. 5 The provisions in the bill apply to asbestos actions, 6 including actions alleging a nonmalignant or malignant 7 condition, or silica actions involving silicosis filed on or 8 after July 1, 2020. 9 -3- LSB 5524SV (2) 88 ko/jh 3/ 3