Senate
Study
Bill
3167
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
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
5524XC
(3)
88
ko/jh
S.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:
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
15
or
person
through
whom
the
exposure
is
alleged.
All
of
the
16
following
with
specificity:
17
(1)
Each
source
of
exposure
to
asbestos
or
silica
alleged
18
by
the
plaintiff.
19
(2)
Each
person
through
whom
the
plaintiff
alleges
exposure
20
to
asbestos
or
silica.
21
(3)
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
(4)
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
0c.
The
plaintiff’s
relationship
to
each
person
through
whom
29
the
plaintiff
was
exposed
to
asbestos
or
silica.
30
c.
The
specific
location
and
manner
of
each
alleged
31
exposure,
including
the
specific
location
and
manner
of
32
exposure
for
any
person
through
whom
the
exposed
person
alleges
33
exposure
plaintiff
was
exposed
to
asbestos
or
silica
.
34
d.
The
beginning
and
ending
dates
of
each
alleged
exposure.
35
-1-
LSB
5524XC
(3)
88
ko/jh
1/
4
S.F.
_____
e.
The
identity
of
the
manufacturer
of
the
specific
asbestos
1
or
silica
product
for
each
exposure.
2
f.
The
identity
of
the
defendant
or
defendants
against
whom
3
the
plaintiff
asserts
a
claim
specific
relationship
of
each
4
defendant
to
the
plaintiff,
and
to
each
person
through
whom
the
5
plaintiff
was
exposed
to
asbestos
or
silica
.
6
g.
The
specific
asbestos-related
or
silica-related
disease
7
claimed
to
exist.
8
h.
Any
supporting
documentation
relating
to
the
information
9
required
under
this
subsection.
10
Sec.
2.
Section
686B.3,
subsection
3,
Code
2020,
is
amended
11
by
striking
the
subsection.
12
Sec.
3.
Section
686B.3,
subsection
5,
Code
2020,
is
amended
13
to
read
as
follows:
14
5.
a.
The
court
shall
dismiss
the
asbestos
action
or
silica
15
action
without
prejudice
on
finding
that
the
plaintiff
has
16
failed
to
make
the
prima
facie
showing
required
by
this
chapter
17
or
failed
to
comply
with
the
requirements
of
this
section
18
subsection
1
.
19
b.
The
court
shall
dismiss
the
asbestos
action
or
silica
20
action
without
prejudice
as
to
each
defendant
for
whom
21
the
plaintiff
lacks
reliable
defendant-specific
evidence
22
of
sufficient
exposure
to
asbestos
or
silica
to
create
a
23
reasonable
inference
that
the
plaintiff
is
plausibly
entitled
24
to
relief.
The
court
may
dismiss
the
action
without
prejudice
25
as
to
all
defendants
if
the
plaintiff
fails
to
comply
with
the
26
requirements
of
subsection
2.
27
c.
If
a
plaintiff’s
representations
supporting
a
claim
28
against
a
defendant
in
an
asbestos
action
or
a
silica
action
29
are
materially
false,
the
defendant
may
move
the
court
to
30
strike
the
plaintiff’s
pleading
as
to
that
defendant
and
31
to
award
the
defendant
attorney
fees,
costs,
and
any
other
32
relief
that
the
court
determines
is
just
and
proper
in
the
33
circumstances.
34
Sec.
4.
APPLICABILITY.
This
Act
applies
to
an
asbestos
35
-2-
LSB
5524XC
(3)
88
ko/jh
2/
4
S.F.
_____
action,
including
an
action
alleging
a
nonmalignant
or
1
malignant
condition,
or
a
silica
action
involving
silicosis
2
filed
on
or
after
July
1,
2020.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
civil
actions
involving
asbestos
and
7
silica.
8
The
bill
requires
a
plaintiff
in
an
asbestos
action,
9
including
an
action
alleging
a
nonmalignant
or
a
malignant
10
condition,
or
a
silica
action
involving
silicosis,
to
file
with
11
the
complaint
or
other
initial
pleading
a
sworn
information
12
form
specifying
the
evidence
that
provides
the
basis
for
each
13
claim
against
each
defendant.
The
sworn
information
form
must
14
contain
the
information
as
detailed
in
the
bill.
Current
law
15
does
not
require
a
plaintiff
in
an
asbestos
action,
including
16
an
action
alleging
a
malignant
condition,
or
a
silica
action
17
involving
silicosis,
to
file
a
sworn
information
form
stating
18
the
basis
for
each
claim
against
each
defendant.
19
The
bill
directs
the
court
to
dismiss
an
asbestos
action
or
20
a
silica
action
without
prejudice
on
finding
that
a
plaintiff
21
has
failed
to
make
a
prima
facie
case.
The
court
is
also
22
required
to
dismiss
an
asbestos
action
or
silica
action
without
23
prejudice
as
to
each
defendant
for
whom
a
plaintiff
lacks
24
reliable
defendant-specific
evidence
of
sufficient
exposure
to
25
asbestos
or
silica
to
create
a
reasonable
inference
that
the
26
plaintiff
may
be
entitled
to
relief.
The
court
may
dismiss
the
27
action
without
prejudice
as
to
all
defendants
if
the
plaintiff
28
fails
to
comply
with
the
requirements
for
the
sworn
statement.
29
If
a
plaintiff’s
representations
supporting
a
claim
against
30
a
defendant
are
materially
false,
the
bill
allows
the
defendant
31
to
move
the
court
to
strike
the
plaintiff’s
pleading
as
to
that
32
defendant
and
to
award
the
defendant
attorney
fees,
costs,
and
33
any
other
relief
the
court
determines
is
just
and
proper
in
the
34
circumstances.
35
-3-
LSB
5524XC
(3)
88
ko/jh
3/
4
S.F.
_____
The
provisions
in
the
bill
apply
to
asbestos
actions,
1
including
actions
alleging
a
nonmalignant
or
malignant
2
condition,
or
silica
actions
involving
silicosis
filed
on
or
3
after
July
1,
2020.
4
-4-
LSB
5524XC
(3)
88
ko/jh
4/
4