Bill Text: IA SSB1009 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to proper parties in causes of actions following the death of persons entitled or liable to such causes of actions and including applicability provisions.(See SF 239.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-02 - Committee report approving bill, renumbered as SF 239. [SSB1009 Detail]
Download: Iowa-2021-SSB1009-Introduced.html
Senate
Study
Bill
1009
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
proper
parties
in
causes
of
actions
1
following
the
death
of
persons
entitled
or
liable
to
such
2
causes
of
actions
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
611.22,
Code
2021,
is
amended
to
read
as
1
follows:
2
611.22
Actions
by
or
against
legal
personal
representatives
3
or
successors
——
substitution.
4
Any
action
contemplated
in
sections
611.20
and
611.21
may
5
be
brought,
or
the
court,
on
motion,
may
allow
the
action
to
6
be
continued,
by
or
against
the
legal
representatives
either
7
a
personal
representative
of
the
deceased’s
estate
as
defined
8
in
section
633.3
or
successors
in
interest
of
the
deceased
a
9
successor
as
defined
in
section
633.356,
subsection
2
.
Such
10
action
shall
be
deemed
a
continuing
one,
and
to
have
accrued
11
to
such
the
deceased’s
personal
representative
or
successor
at
12
the
time
it
would
have
accrued
to
the
deceased
if
the
deceased
13
had
survived.
If
such
the
action
is
continued
against
the
14
legal
deceased’s
personal
representative
of
the
defendant
or
15
successor
,
a
notice
shall
be
served
on
the
legal
deceased’s
16
personal
representative
or
successor,
as
in
case
of
original
17
notices.
18
Sec.
2.
APPLICABILITY.
This
Act
applies
to
actions
that
19
arise
on
or
after
July
1,
2021.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
Current
law
allows
a
deceased
person’s
legal
representative
24
or
successor
in
interest
to
bring
or
continue
certain
actions
25
of
the
deceased.
This
bill
amends
current
law
to
instead
26
allow
the
deceased
person’s
personal
representative
or
27
successor
to
bring
such
actions.
Personal
representative
is
28
defined
to
mean
the
executor
or
administrator
of
the
deceased
29
person’s
estate
and
a
successor
is
defined
as
the
reasonably
30
ascertainable
beneficiary
or
beneficiaries
who
succeeded
to
the
31
item
of
property
under
the
decedent’s
will,
if
the
decedent
32
died
testate;
if
the
decedent
died
intestate,
the
reasonably
33
ascertainable
person
or
persons
who
succeeded
to
the
property
34
under
the
laws
of
intestate
succession
of
this
state;
and
if
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the
decedent
received
medical
assistance
benefits
from
the
1
state,
the
Iowa
Medicaid
agency
that
provided
the
benefits.
2
The
bill
provides
that
a
personal
representative
or
3
successor
may
have
a
suit
brought,
or
the
court,
on
motion,
4
may
allow
the
action
to
continued,
by
or
against
the
personal
5
representative
or
successor,
by
actions
provided
for
under
6
Code
sections
611.20
and
611.21.
Code
section
611.20
provides
7
that
all
causes
of
actions
shall
survive
and
may
be
brought
8
notwithstanding
the
death
of
the
persons
entitled
or
liable
9
to
the
same
and
Code
section
611.21
provides
that
the
right
10
of
civil
remedy
is
not
merged
in
a
public
offense
and
is
not
11
restricted
for
other
violation
of
law,
but
may
be
enforced
12
independently
of
and
in
addition
to
the
punishment
of
the
13
former.
14
The
bill
provides
that
a
continuing
suit
will
have
accrued
15
at
the
time
it
would
have
if
the
decedent
had
survived.
Notice
16
shall
be
served
on
the
personal
representative
or
successor
as
17
in
case
of
original
notices.
18
The
bill
applies
to
actions
that
arise
on
or
after
July
1,
19
2021.
20
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