I

107TH CONGRESS

1ST SESSION H. R. 940

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

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 2001

Mr. CHABOT (for himself, Ms. KAPTUR, Mr. GEKAS, 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Workplace Goods Job

5 Growth and Competitiveness Act of 2001’’.

6 SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED

7 IN A TRADE OR BUSINESS.

8 (a) IN GENERAL.—Except as otherwise provided in

9 this Act—
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1 (1) no civil action may be filed against the

2 manufacturer or seller of a durable good for damage

3 to property arising out of an accident involving that

4 durable good if the accident occurred more than 18

5 years after the date on which the durable good was

6 delivered to its first purchaser or lessee; and

7 (2) no civil action may be filed against the

8 manufacturer or seller of a durable good for dam9 ages for death or personal injury arising out of an

10 accident involving that durable good if the accident

11 occurred more than 18 years after the date on which

12 the durable good was delivered to its first purchaser

13 or lessee and if—

14 (A) the claimant has received or is eligible

15 to receive worker compensation; and

16 (B) the injury does not involve a toxic

17 harm (including, but not limited to, any asbes18 tos-related harm).

19 (b) EXCEPTIONS.—

20 (1) IN GENERAL.—A motor vehicle, vessel, air21 craft, or train, that is used primarily to transport

22 passengers for hire shall not be subject to this Act.

23 (2) CERTAIN EXPRESS WARRANTIES.—This Act

24 does not bar a civil action against a defendant who

25 made an express warranty in writing as to the safety
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1 or life expectancy of a specific product which was

2 longer than 18 years, except that this Act shall

3 apply at the expiration of that warranty.

4 (3) AVIATION LIMITATIONS PERIOD.—This Act

5 does not affect the limitations period established by

6 the General Aviation Revitalization Act of 1994 (49

7 U.S.C. 40101 note).

8 (4) ACTIONS INVOLVING THE ENVIRONMENT.—

9 Subsection (a)(1) does not supersede or modify any

10 statute or common law that authorizes an action for

11 civil damages, cost recovery, or any other form of re12 lief for remediation of the environment (as defined

13 in section 101(8) of the Comprehensive Environ14 mental Response, Compensation, and Liability Act

15 of 1980 (42 U.S.C. 9601(8)).

16 (c) EFFECT ON STATE LAW; PREEMPTION.—Subject

17 to subsection (b), this Act preempts and supersedes any

18 State law that establishes a statute of repose to the extent

19 such law applies to actions covered by this Act. Any action

20 not specifically covered by this Act shall be governed by

21 applicable State law.

22 (d) TRANSITIONAL PROVISION RELATING TO EXTEN23 SION OF REPOSE PERIOD.—To the extent that this Act

24 shortens the period during which a civil action could be

25 otherwise brought pursuant to another provision of law,
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1 the claimant may, notwithstanding this Act, bring the ac2 tion not later than 1 year after the date of the enactment

3 of this Act.

4 SEC. 3. DEFINITIONS.

5 In this Act:

6 (1) CLAIMANT.—The term ‘‘claimant’’ means

7 any person who brings an action covered by this Act

8 and any person on whose behalf such an action is

9 brought. If such an action is brought through or on

10 behalf of an estate, the term includes the claimant’s

11 decedent. If such an action is brought through or on

12 behalf of a minor or incompetent, the term includes

13 the claimant’s legal guardian.

14 (2) DURABLE GOOD.—The term ‘‘durable good’’

15 means any product, or any component of any such

16 product, which—

17 (A)(i) has a normal life expectancy of 3 or

18 more years; or

19 (ii) is of a character subject to allowance

20 for depreciation under the Internal Revenue

21 Code of 1986; and

22 (B) is—

23 (i) used in a trade or business;

24 (ii) held for the production of income;

25 or
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1 (iii) sold or donated to a governmental

2 or private entity for the production of

3 goods, training, demonstration, or any

4 other similar purpose.

5 (3) STATE.—The term ‘‘State’’ means any

6 State of the United States, the District of Columbia,

7 the Commonwealth of Puerto Rico, the Northern

8 Mariana Islands, the Virgin Islands, Guam, Amer9 ican Samoa, any other territory or possession of the

10 United States, and any political subdivision of any

11 of the foregoing.

12 SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.

13 (a) EFFECTIVE DATE.—Except as provided in sub14 section (b), this Act shall take effect on the date of the

15 enactment of this Act without regard to whether the dam16 age to property or death or personal injury at issue oc17 curred before such date of enactment.

18 (b) APPLICATION OF ACT.—This Act shall not apply

19 with respect to civil actions commenced before the date

20 of the enactment of this Act.

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