[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5256 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5256

   To establish a statute of repose for civil actions filed against 
                   recreational vessel manufacturers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2006

 Mr. Jones of North Carolina introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To establish a statute of repose for civil actions filed against 
                   recreational vessel manufacturers.

    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 ``Recreational Marine Preservation Act 
of 2006.''

SEC. 2. STATUTE OF REPOSE FOR CIVIL ACTIONS FILED AGAINST RECREATIONAL 
              VESSEL MANUFACTURERS.

    (a) In General.--Except as provided in subsection (b), no civil 
action may be filed against the manufacturer of a recreational vessel 
or the manufacturer of any associated equipment, in its capacity as 
manufacturer, for damages for death or personal injury or damage to 
property arising out of an accident involving the recreational vessel, 
if the accident occurred--
            (1) more than 10 years after--
                    (A) the date of delivery of the vessel to its first 
                purchaser or lessee, if delivered directly from the 
                manufacturer; or
                    (B) the date of first delivery of the vessel to a 
                person engaged in the business of selling or leasing 
                such vessel; or
            (2) with respect to any associated equipment which replaced 
        other associated equipment originally in, or which was added 
        to, the vessel, and which is alleged to have caused such death, 
        personal injury, or damage to property, more than 10 years 
        after the date of completion of the replacement or addition.
    (b) Exceptions.--Subsection (a) shall not apply--
            (1) if the claimant pleads with specificity the facts 
        necessary to prove, and proves, that the manufacturer of a 
        recreational vessel or associated equipment--
                    (A) holds a certificate of compliance, or has met 
                the requisite obligations with respect to the 
                continuing seaworthiness, with respect to such 
                recreational vessel or associated equipment; and
                    (B) knowingly misrepresented to the United States 
                Coast Guard, or concealed or withheld from the United 
                States Coast Guard, required information that is 
                material and relevant to the performance or the 
                maintenance or operation of such vessel, or the 
                associated equipment, that is causally related to the 
                harm which the claimant allegedly suffered; or
            (2) if the person with respect to whom the civil action for 
        damages for death or personal injury is filed was a passenger 
        on a recreational vessel for purposes of receiving treatment 
        for a medical or other emergency;
            (3) if the person with respect to whom the civil action for 
        damages for death or personal injury is filed was not aboard 
        the vessel at the time of the accident; or
            (4) if the civil action is brought under a written warranty 
        enforceable under law but for the operation of this Act.
    (c) Definitions.--For purposes of this Act--
            (1) Associated equipment.--The term ``associated 
        equipment'' means any system, part, or component of a boat as 
        originally manufactured or any similar part or component 
        manufactured or sold for replacement, repair, or improvement of 
        such system, part, or component; any accessory or equipment for 
        or appurtenance to, a boat; and any marine safety article, 
        accessory, or equipment intended for use by a person on board a 
        boat; but excluding radio equipment.
            (2) Certificate of compliance.--The term ``certification of 
        compliance'' means any label affixed by the manufacturer of a 
        vessel or associated equipment that indicates that the 
        manufacturer has complied with United States Coast Guard 
        regulations for safety.
            (3) Recreational vessel.--The term ``recreational vessel'' 
        is as defined in section 2101(25) of title 46, United States 
        Code.
    (d) Relationship to Other Laws.--This section supersedes any State 
law to the extent that such law permits a civil action described in 
subsection (a) to be brought after the applicable 10-year limitation 
period.

SEC. 3. 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.
    (b) Application of Act.--This Act shall not apply with respect to 
civil actions commenced before the date of the enactment of this Act.
                                 <all>