109 HR 3509 RH: To establish a statute of repose for U.S. House of Representatives 2006-12-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 431 109th CONGRESS 2d Session H. R. 3509 [Report No. 109–728, Part I] IN THE HOUSE OF REPRESENTATIVES July 28, 2005 Mr. Chabot (for himself, Mr. Hyde, and Mr. Coble) introduced the following bill; which was referred to the Committee on the Judiciary December 8, 2006 Reported with an amendment and referred to the Committee on Energy and Commerce for a period ending not later than December 8, 2006, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(f), rule X Strike out all after the enacting clause and insert the part printed in italic December 8, 2006 Additional sponsors: Ms. Foxx, Mr. Green of Wisconsin, and Mr. LaHood December 8, 2006 Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on July 28, 2005 A BILL To establish a statute of repose for durable goods used in a trade or business.

1.

Short title

This Act may be cited as the Workplace Goods Job Growth and Competitiveness Act of 2006.

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 may be filed against the manufacturer or seller of a durable good for damage to property allegedly caused by that durable good if the damage to property occurred more than 12 years after the date on which the durable good was delivered to its first purchaser or lessee; and (2)no civil action may be filed against the manufacturer or seller of a durable good for damages for death or personal injury allegedly caused by that durable good if the death or personal injury occurred more than 12 years after the date on which the durable good was delivered to its first purchaser or lessee and if— (A)the claimant has received or is eligible to receive worker compensation; and (B)the injury does not involve a toxic harm (including, but not limited to, any asbestos-related 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, for a period of more than 12 years, as to the safety or life expectancy of a specific product, 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). (4)

Actions involving the environment

Subsection (a)(1) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment (as defined in section 101(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(8)). (5)

Regulatory actions

This Act does not affect regulatory enforcement actions brought by State or Federal agencies. (6)

Actions involving fraudulent concealment

This Act does not bar a civil action against a manufacturer or seller of a durable good who fraudulently concealed a defect in the durable good. (c)

Effect on State law; preemption

Subject to subsection (b), this Act preempts and supersedes any State law that establishes a statute of repose to the extent such law applies to actions covered by this Act. Any action not specifically covered by this Act shall be governed by applicable State or other Federal 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 otherwise be 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.

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)

Fraudulently concealed

With respect to a durable good, the term “fraudulently concealed” means that— (A)the manufacturer or seller of the durable good had actual knowledge of a defect in the durable good; (B)the defect in the durable good was the proximate cause of the harm to the claimant; and (C)the manufacturer or seller of the durable good affirmatively suppressed or hid, with the intent to deceive or defraud, the existence of such defect. (4)

Seller

The term seller means any dealer, retailer, wholesaler, or distributer in the stream of commerce of a durable good concluding with the sale or lease of the durable good to the first end-user. (5)

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, any other territory or possession of the United States, and any political subdivision of any of the foregoing.

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.

December 8, 2006 Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed