Senate Study Bill 1098 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON KREIMAN)


    Passed Senate, Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning limitations on actions for civil liability
  2    related to the dramshop Act and providing an effective and
  3    applicability date provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1769SC 82
  6 ec/gg/14

PAG LIN



  1  1    Section 1.  Section 123.93, Code 2007, is repealed.
  1  2    Sec. 2.  EFFECTIVE DATE == RETROACTIVE APPLICABILITY.  This
  1  3 Act, being deemed of immediate importance, takes effect upon
  1  4 enactment, applies to cases pending on or after the effective
  1  5 date of this Act, and is retroactively applicable to injuries
  1  6 occurring on or after the date two years prior to the
  1  7 effective date of this Act.
  1  8                           EXPLANATION
  1  9    This bill concerns limitations of actions relative to
  1 10 dramshop Act liability.  The bill repeals Code section 123.93,
  1 11 which requires an injured person to give written notice to the
  1 12 licensee or permittee, or their insurance carrier, of the
  1 13 person's intent to bring a civil action within six months of
  1 14 the occurrence of the injury giving rise to possible dramshop
  1 15 liability.  The bill takes effect upon enactment, applies to
  1 16 all cases pending on or after that date, and applies to
  1 17 injuries occurring on or after the date that is two years
  1 18 prior to the effective date of the bill.
  1 19 LSB 1769SC 82
  1 20 ec:nh/gg/14