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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.

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 1999’’.

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—

10 (1) no civil action for damage to property aris11 ing out of an accident involving a durable good may
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1 be filed against the manufacturer or seller of the du2 rable good more than 18 years after the durable

3 good was delivered to its first purchaser or lessee;

4 and

5 (2) no civil action for damages for death or per6 sonal injury arising out of an accident involving a

7 durable good may be filed against the manufacturer

8 or seller of the durable good more than 18 years

9 after the durable good was delivered to its first pur10 chaser or lessee if—

11 (A) the claimant has received or is eligible

12 to receive worker compensation; and

13 (B) the injury does not involve a toxic

14 harm.

15 (b) EXCEPTIONS.—

16 (1) IN GENERAL.—A motor vehicle, vessel, air17 craft, or train, that is used primarily to transport

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

19 (2) CERTAIN EXPRESS WARRANTIES.—This Act

20 does not bar a civil action against a defendant who

21 made an express warranty in writing as to the safety

22 or life expectancy of a specific product which was

23 longer than 18 years, except that this Act shall

24 apply at the expiration of that warranty.
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1 (3) AVIATION LIMITATIONS PERIOD.—This Act

2 does not affect the limitations period established by

3 the General Aviation Revitalization Act of 1994 (49

4 U.S.C. 40101 note).

5 (c) EFFECT ON STATE LAW; PREEMPTION.—Nothing

6 in this Act shall be construed to preempt or supersede any

7 State law establishing a statute of repose applicable to

8 products other than durable goods or governing a claim

9 that is not specifically covered by this Act. Any claim that

10 is not specifically covered by this Act or involves a product

11 not subject to this Act shall be governed by applicable

12 State law.

13 (d) TRANSITIONAL PROVISION RELATING TO EXTEN14 SION OF REPOSE PERIOD.—To the extent that this Act

15 shortens the period during which a civil action could be

16 otherwise brought pursuant to another provision of law,

17 the claimant may, notwithstanding this Act, bring the ac18 tion not later than 1 year after the date of the enactment

19 of this Act.

20 SEC. 3. DEFINITIONS.

21 In this Act:

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

23 any person who brings an action covered by this Act

24 and any person on whose behalf such an action is

25 brought. If such an action is brought through or on
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1 behalf of an estate, the term includes the claimant’s

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

3 behalf of a minor or incompetent, the term includes

4 the claimant’s legal guardian.

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

6 means any product, or any component of any such

7 product, which—

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

9 more years; or

10 (ii) is of a character subject to allowance

11 for depreciation under the Internal Revenue

12 Code of 1986; and

13 (B) is—

14 (i) used in a trade or business;

15 (ii) held for the production of income;

16 or

17 (iii) sold or donated to a governmental

18 or private entity for the production of

19 goods, training, demonstration, or any

20 other similar purpose.

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

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

23 the Commonwealth of Puerto Rico, the Northern

24 Mariana Islands, the Virgin Islands, Guam, Amer25 ican Samoa, and any other territory or possession of
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1 the United States or any political subdivision of any

2 of the foregoing.

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

4 (a) EFFECTIVE DATE.—Except as provided in sub5 section (b), this Act shall take effect on the date of the

6 enactment of this Act without regard to whether the dam7 age to property or death or personal injury at issue oc8 curred before such date of enactment.

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

10 with respect to civil actions commenced before the date

11 of the enactment of this Act.

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