Senate
File
2337
-
Reprinted
SENATE
FILE
2337
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3167)
(As
Amended
and
Passed
by
the
Senate
February
25,
2020
)
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
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2337
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
petition
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
name,
address,
date
of
birth,
social
security
number,
11
marital
status,
occupation,
current
and
past
worksites,
and
12
employer
of
the
exposed
person
,
and
any
person
through
whom
the
13
exposed
person
alleges
exposure
.
14
b.
The
plaintiff’s
relationship
to
the
exposed
person
or
15
person
through
whom
the
exposure
is
alleged.
16
b.
Each
person
through
whom
the
exposed
person
was
exposed
17
to
asbestos
or
silica,
and
the
exposed
person’s
relationship
18
to
each
person.
19
c.
Each
asbestos-containing
product
or
silica
product,
20
whether
from
a
bankrupt
entity
or
otherwise,
to
which
the
21
exposed
person
was
exposed,
or
if
the
exposed
person
was
22
exposed
through
another
person,
to
which
that
person
was
23
exposed.
24
c.
d.
The
specific
location
and
manner
of
each
alleged
25
exposure,
including
the
specific
location
and
manner
of
26
exposure
for
any
person
through
whom
the
exposed
person
alleges
27
exposure
was
exposed
to
asbestos
or
silica
.
28
d.
e.
The
beginning
and
ending
dates
of
each
alleged
29
exposure
and
the
frequency
of
the
exposure
of
the
exposed
30
person
to
the
product
or
its
use,
including
for
any
person
31
through
whom
the
exposed
person
was
exposed
.
32
e.
f.
The
identity
of
the
manufacturer
or
seller
of
the
33
specific
asbestos
or
silica
product
for
each
exposure.
34
f.
The
identity
of
the
defendant
or
defendants
against
whom
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the
plaintiff
asserts
a
claim.
1
g.
The
specific
asbestos-related
or
silica-related
disease
2
claimed
to
exist.
3
h.
Any
supporting
documentation
relating
to
the
information
4
required
under
this
subsection.
5
Sec.
2.
Section
686B.3,
subsection
3,
Code
2020,
is
amended
6
by
striking
the
subsection.
7
Sec.
3.
Section
686B.3,
subsection
5,
Code
2020,
is
amended
8
to
read
as
follows:
9
5.
The
court
shall
dismiss
the
asbestos
action
or
silica
10
action
without
prejudice
on
finding
that
the
plaintiff
has
11
failed
to
make
the
prima
facie
showing
required
by
this
chapter
12
or
failed
to
comply
with
the
requirements
of
this
section
13
subsections
1
and
2
.
The
court
shall
dismiss
the
asbestos
14
action
or
silica
action
without
prejudice
as
to
any
defendant
15
whose
product
or
premises
is
not
identified
in
the
information
16
required
pursuant
to
subsection
2.
17
Sec.
4.
APPLICABILITY.
This
Act
applies
to
an
asbestos
18
action,
including
an
action
alleging
a
nonmalignant
or
19
malignant
condition,
or
a
silica
action
involving
silicosis
20
filed
on
or
after
July
1,
2020.
21
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