[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2005 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2005

 To establish a statute of repose for durable goods used in a trade or 
                               business.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1999

Mr. Chabot (for himself, Ms. Slaughter, and Mr. Shimkus) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish a statute of repose for durable goods used in a trade or 
                               business.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Goods Job Growth and 
Competitiveness Act of 1999''.

SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED IN A TRADE OR 
              BUSINESS.

    (a) In General.--Except as otherwise provided in this Act--
            (1) no civil action for damage to property arising out of 
        an accident involving a durable good may be filed against the 
        manufacturer or seller of the durable good more than 18 years 
        after the durable good was delivered to its first purchaser or 
        lessee; and
            (2) no civil action for damages for death or personal 
        injury arising out of an accident involving a durable good may 
        be filed against the manufacturer or seller of the durable good 
        more than 18 years after the durable good was delivered to its 
        first purchaser or lessee if--
                    (A) the claimant has received or is eligible to 
                receive worker compensation; and
                    (B) the injury does not involve a toxic harm.
    (b) Exceptions.--
            (1) In general.--A motor vehicle, vessel, aircraft, or 
        train, that is used primarily to transport passengers for hire 
        shall not be subject to this Act.
            (2) Certain express warranties.--This Act does not bar a 
        civil action against a defendant who made an express warranty 
        in writing as to the safety or life expectancy of a specific 
        product which was longer than 18 years, except that this Act 
        shall apply at the expiration of that warranty.
            (3) Aviation limitations period.--This Act does not affect 
        the limitations period established by the General Aviation 
        Revitalization Act of 1994 (49 U.S.C. 40101 note).
    (c) Effect on State Law; Preemption.--Nothing in this Act shall be 
construed to preempt or supersede any State law establishing a statute 
of repose applicable to products other than durable goods or governing 
a claim that is not specifically covered by this Act. Any claim that is 
not specifically covered by this Act or involves a product not subject 
to this Act shall be governed by applicable State law.
    (d) Transitional Provision Relating to Extension of Repose 
Period.--To the extent that this Act shortens the period during which a 
civil action could be otherwise brought pursuant to another provision 
of law, the claimant may, notwithstanding this Act, bring the action 
not later than 1 year after the date of the enactment of this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Claimant.--The term ``claimant'' means any person who 
        brings an action covered by this Act and any person on whose 
        behalf such an action is brought. If such an action is brought 
        through or on behalf of an estate, the term includes the 
        claimant's decedent. If such an action is brought through or on 
        behalf of a minor or incompetent, the term includes the 
        claimant's legal guardian.
            (2) Durable good.--The term ``durable good'' means any 
        product, or any component of any such product, which--
                    (A)(i) has a normal life expectancy of 3 or more 
                years; or
                    (ii) is of a character subject to allowance for 
                depreciation under the Internal Revenue Code of 1986; 
                and
                    (B) is--
                            (i) used in a trade or business;
                            (ii) held for the production of income; or
                            (iii) sold or donated to a governmental or 
                        private entity for the production of goods, 
                        training, demonstration, or any other similar 
                        purpose.
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 
        Guam, American Samoa, and any other territory or possession of 
        the United States or any political subdivision of any of the 
        foregoing.

SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
shall take effect on the date of the enactment of this Act without 
regard to whether the damage to property or death or personal injury at 
issue occurred before such date of enactment.
    (b) Application of Act.--This Act shall not apply with respect to 
civil actions commenced before the date of the enactment of this Act.
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