Bill Text: IA HSB34 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to filing requirements for claims made under the Iowa tort claims Act.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-01-24 - Subcommittee Meeting: 01/26/2017 11:00AM House Lounge [HSB34 Detail]
Download: Iowa-2017-HSB34-Introduced.html
House
Study
Bill
34
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
filing
requirements
for
claims
made
under
1
the
Iowa
tort
claims
Act.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
_____
Section
1.
Section
669.3,
subsections
2
and
3,
Code
2017,
1
are
amended
to
read
as
follows:
2
2.
A
claim
made
under
this
chapter
shall
be
in
writing,
3
signed
and
verified
by
the
claimant,
and
filed
with
the
4
director
of
the
department
of
management,
who
shall
acknowledge
5
receipt
on
behalf
of
the
state.
6
3.
The
state
appeal
board
shall
adopt
rules
and
procedures
7
for
the
presentment,
handling,
processing,
and
investigation
of
8
claims,
in
accordance
with
chapter
17A
.
9
Sec.
2.
Section
669.5,
subsection
1,
Code
2017,
is
amended
10
to
read
as
follows:
11
1.
A
suit
shall
not
be
permitted
for
a
claim
under
this
12
chapter
unless
the
attorney
general
has
made
final
disposition
13
of
the
claim.
However,
if
the
attorney
general
does
not
make
14
final
disposition
of
a
claim
within
six
months
after
the
claim
15
is
made
in
writing
to
,
signed
and
verified
by
the
claimant,
and
16
filed
with
the
director
of
the
department
of
management,
the
17
claimant
may,
by
notice
in
writing,
withdraw
the
claim
from
18
consideration
and
begin
suit
under
this
chapter
.
Disposition
19
of
or
offer
to
settle
any
claim
made
under
this
chapter
shall
20
not
be
competent
evidence
of
liability
or
amount
of
damages
in
21
any
suit
under
this
chapter
.
22
Sec.
3.
Section
669.13,
subsection
1,
Code
2017,
is
amended
23
to
read
as
follows:
24
1.
Except
as
provided
in
section
614.8
,
a
claim
or
suit
25
otherwise
permitted
under
this
chapter
shall
be
forever
barred,
26
unless
within
two
years
after
the
claim
accrued,
the
claim
is
27
made
in
writing
,
signed
and
verified
by
the
claimant,
and
filed
28
with
the
director
of
the
department
of
management
under
this
29
chapter
.
The
time
to
begin
a
suit
under
this
chapter
shall
be
30
extended
for
a
period
of
six
months
from
the
date
of
mailing
of
31
notice
to
the
claimant
by
the
attorney
general
as
to
the
final
32
disposition
of
the
claim
or
from
the
date
of
withdrawal
of
the
33
claim
under
section
669.5
,
if
the
time
to
begin
suit
would
34
otherwise
expire
before
the
end
of
the
period.
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H.F.
_____
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
filing
requirements
for
claims
made
4
under
the
Iowa
tort
claims
Act.
5
Pursuant
to
the
Iowa
tort
claims
Act
(Code
chapter
669),
the
6
state
waives
its
sovereign
immunity
for
certain
tort
claims.
7
Prior
to
bringing
suit,
however,
a
claimant
must
exhaust
8
administrative
remedies
by
filing
a
claim
in
writing
with
the
9
director
of
the
department
of
management.
A
claimant
may
then
10
bring
suit
if
the
attorney
general
has
made
a
final
disposition
11
of
the
claim
or
if
the
attorney
general
has
not
made
a
final
12
disposition
of
the
claim
within
six
months
of
such
filing
and
13
the
claimant
withdraws
the
claim.
14
The
bill
provides
that
the
claimant
must
sign
and
verify
a
15
claim
filed
under
the
Iowa
tort
claims
Act.
16
The
bill
is
in
response
to
the
Iowa
supreme
court’s
decision
17
in
Segura
v.
State,
No.
15-0203
(Iowa
Jan.
13,
2017),
which
18
held
that
a
claimant’s
failure
to
sign
and
verify
a
claim
did
19
not
deprive
the
district
court
of
subject
matter
jurisdiction.
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