Amendment vs bill Amendment H-8134 vs Introduced

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House File 2501 - Introduced HOUSE FILE 2501 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 600) A BILL FOR An Act relating to civil actions involving asbestos and silica, and including applicability provisions.
House File 2501 H-8134 Amend the amendment, H-8125, to House File 2501 as follows:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1.
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2501 Section 1.
<___.
Section 686B.3, subsection 2, Code 2020, is amended to read as follows:
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2.
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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.
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The sworn information form shall include all of the following with specificity:
(1)> ___.
a.
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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 .
> and inserting <(2)> ___.
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> and inserting <(5)> ___.
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(7)> ___.
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(8)> ___.
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The plaintiff’s relationship to the exposed person or person through whom the exposure is alleged.
This subsection shall not apply to an asbestos action, including an action alleging a nonmalignant or malignant condition, or a silica action involving silicosis, filed by a veteran.
b.
For purposes of this paragraph, “veteran” means the same as defined in section 35.1.
Each person through whom the exposed person was exposed to asbestos or silica, and the exposed person’s relationship to each person.
A veteran shall be required to file with the complaint or other initial pleading all of the following:
c.
(1) A detailed narrative medical report and diagnosis that complies with subsection 1.
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.
(2) A summary of all locations at which the veteran has been stationed and the corresponding calendar years served at each location.>> 2.
c.
By renumbering, redesignating, and correcting internal references as necessary.
d.
______________________________ MEYER of Polk H8125.3696 (2) 88 -1- ko/jh 1/1
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 LSB 5524HV (4) 88 -1- ko/jh 1/3 H.F.
2501 the plaintiff asserts a claim.
g.
The specific asbestos-related or silica-related disease claimed to exist.
h.
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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 action, including an action alleging a nonmalignant or malignant condition, or a silica action involving silicosis filed on or after July 1, 2020.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
This bill relates to civil actions involving asbestos and silica.
The bill requires a plaintiff in an asbestos action, including an action alleging a nonmalignant or a malignant condition, or a silica action involving silicosis, to file with the petition or other initial pleading a sworn information form specifying the evidence that provides the basis for each claim against each defendant.
The sworn information form must contain the information as detailed in the bill.
Current law does not require a plaintiff in an asbestos action, including an action alleging a malignant condition, or a silica action LSB 5524HV (4) 88 -2- ko/jh 2/3 H.F.
2501 involving silicosis, to file a sworn information form stating the basis for each claim against each defendant.
The bill directs the court to dismiss an asbestos action or a silica action without prejudice on finding that a plaintiff has failed to make a prima facie case.
The court is also required to dismiss an asbestos action or silica action without prejudice as to each defendant whose product or premises is not identified in the sworn information.
The court shall also dismiss the action without prejudice as to all defendants if the plaintiff fails to comply with the requirements for the sworn statement or the requirement that the plaintiff file a detailed medical report.
The provisions in the bill apply to asbestos actions, including actions alleging a nonmalignant or malignant condition, or silica actions involving silicosis filed on or after July 1, 2020.
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