Bill Text: IA SF413 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to statute-of-repose periods for improvements to real property and including applicability provisions. (Formerly SSB 1010.) Effective 7-1-17.

Sponsorship: Committee Bill

Status: (Passed) 2017-04-13 - Signed by Governor. S.J. 1021. [SF413 Detail]

Download: Iowa-2017-SF413-Enrolled.html

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Senate File 413 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SSB
                                  1010)
 \5
                                   A BILL FOR
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                                        Senate File 413

                             AN ACT
 RELATING TO STATUTE=OF=REPOSE PERIODS FOR IMPROVEMENTS TO REAL
    PROPERTY AND INCLUDING APPLICABILITY PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 614.1, subsection 11, Code 2017, is
 amended to read as follows:
    11.  Improvements to real property.
    a.  In addition to limitations contained elsewhere in this
 section, an action arising out of the unsafe or defective
 condition of an improvement to real property based on tort
 and implied warranty and for contribution and indemnity, and
 founded on injury to property, real or personal, or injury to
 the person or wrongful death, shall not be brought more than
 fifteen the number of years specified below after the date on
 which occurred the act or omission of the defendant alleged in
 the action to have been the cause of the injury or death.:
    (1)  For an action arising from or related to a nuclear
 power plant licensed by the United States nuclear regulatory
 commission or an interstate pipeline licensed by the federal
 energy regulatory commission, fifteen years. 
    (2)  For an action arising from or related to residential
 construction, as defined in section 572.1, ten years.
    (3)  For an action arising from or related to any other kind
 of improvement to real property, eight years.
    b.  Notwithstanding paragraph "a", an action arising from or
 related to the intentional misconduct or fraudulent concealment
 of an unsafe or defective condition of an improvement to real
 property shall not be brought more than fifteen years after the
 date on which occurred the act or omission of the defendant
 alleged in the action to have been the cause of the injury or
 death.
    c.  If the unsafe or defective condition is discovered within
 one year prior to the expiration of the applicable period of
 repose, the period of repose shall be extended one year. 
    d.  However, this This subsection does not bar an action
 against a person solely in the person's capacity as an owner,
 occupant, or operator of an improvement to real property.
    Sec. 2.  APPLICABILITY.  This Act does not apply to an
 improvement to real property in existence prior to the effective
 date of this Act or to an improvement to real property, whether
 construction has begun or not, that is the subject of a binding
 agreement as of the effective date of this Act.


                                                             
                               JACK WHITVER
                               President of the Senate


                                                             
                               LINDA UPMEYER
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 413, Eighty=seventh General Assembly.


                                                             
                               W. CHARLES SMITHSON
                               Secretary of the Senate
 Approved                , 2017


                                                             
                               TERRY E. BRANSTAD
                               Governor

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