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, 1 and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5524HV (4) 88 ko/jh

H.F. 2501 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 35 -1- LSB 5524HV (4) 88 ko/jh 1/ 3

H.F. 2501 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 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to civil actions involving asbestos and 25 silica. 26 The bill requires a plaintiff in an asbestos action, 27 including an action alleging a nonmalignant or a malignant 28 condition, or a silica action involving silicosis, to file with 29 the petition or other initial pleading a sworn information 30 form specifying the evidence that provides the basis for each 31 claim against each defendant. The sworn information form must 32 contain the information as detailed in the bill. Current law 33 does not require a plaintiff in an asbestos action, including 34 an action alleging a malignant condition, or a silica action 35 -2- LSB 5524HV (4) 88 ko/jh 2/ 3

H.F. 2501 involving silicosis, to file a sworn information form stating 1 the basis for each claim against each defendant. 2 The bill directs the court to dismiss an asbestos action or 3 a silica action without prejudice on finding that a plaintiff 4 has failed to make a prima facie case. The court is also 5 required to dismiss an asbestos action or silica action without 6 prejudice as to each defendant whose product or premises is 7 not identified in the sworn information. The court shall also 8 dismiss the action without prejudice as to all defendants if 9 the plaintiff fails to comply with the requirements for the 10 sworn statement or the requirement that the plaintiff file a 11 detailed medical report. 12 The provisions in the bill apply to asbestos actions, 13 including actions alleging a nonmalignant or malignant 14 condition, or silica actions involving silicosis filed on or 15 after July 1, 2020. 16 -3- LSB 5524HV (4) 88 ko/jh 3/ 3