Senate Study Bill 1186 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 relating to the applicability of statute of limitations 2 tolling provisions relating to minors and persons with mental 3 illness and providing an applicability date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1775SC 82 6 rh/je/5 PAG LIN 1 1 Section 1. Section 216.15, subsection 12, Code 2007, is 1 2 amended to read as follows: 1 3 12.AExcept as provided in section 614.8, a claim under 1 4 this chapter shall not be maintained unless a complaint is 1 5 filed with the commission within one hundred eighty days after 1 6 the alleged discriminatory or unfair practice occurred. 1 7 Sec. 2. Section 614.8, Code 2007, is amended to read as 1 8 follows: 1 9 614.8 MINORS AND PERSONS WITH MENTAL ILLNESS. 1 10 1. The times limited for actions in this chapter, or 1 11 chapter 216, 669, or 670, except those brought for penalties 1 12 and forfeitures, are extended in favor of persons with mental 1 13 illness, so that they shall have one year from and after the 1 14 termination of the disability within which to commence an 1 15 action. 1 16 2. Except as provided in section 614.1, subsection 9, the 1 17 times limited for actions in this chapter, or chapter 216, 1 18 669, or 670, except those brought for penalties and 1 19 forfeitures, are extended in favor of minors, so that they 1 20 shall have one year from and after attainment of majority 1 21 within which to commence an action. 1 22 Sec. 3. Section 669.13, subsection 1, Code 2007, is 1 23 amended to read as follows: 1 24 1.AExcept as provided in section 614.8, a claim or suit 1 25 otherwise permitted under this chapter shall be forever 1 26 barred, unless within two years after the claim accrued, the 1 27 claim is made in writing and filed with the director of the 1 28 department of management under this chapter. The time to 1 29 begin a suit under this chapter shall be extended for a period 1 30 of six months from the date of mailing of notice to the 1 31 claimant by the attorney general as to the final disposition 1 32 of the claim or from the date of withdrawal of the claim under 1 33 section 669.5, if the time to begin suit would otherwise 1 34 expire before the end of the period. 1 35 Sec. 4. Section 670.5, Code 2007, is amended to read as 2 1 follows: 2 2 670.5 LIMITATION OF ACTIONS. 2 3EveryExcept as provided in section 614.8, a person who 2 4 claims damages from any municipality or any officer, employee 2 5 or agent of a municipality for or on account of any wrongful 2 6 death, loss or injury within the scope of section 670.2 or 2 7 section 670.8 or under common law shall commence an action 2 8 therefor within six months, unless said person shall cause to 2 9 be presented to the governing body of the municipality within 2 10 sixty days after the alleged wrongful death, loss or injury a 2 11 written notice stating the time, place, and circumstances 2 12 thereof and the amount of compensation or other relief 2 13 demanded. Failure to state time or place or circumstances or 2 14 the amount of compensation or other relief demanded shall not 2 15 invalidate the notice; providing, the claimant shall furnish 2 16 full information within fifteen days after demand by the 2 17 municipality. No action therefor shall be maintained unless 2 18 such notice has been given and unless the action is commenced 2 19 within two years after such notice. The time for giving such 2 20 notice shall include a reasonable length of time, not to 2 21 exceed ninety days, during which the person injured is 2 22 incapacitated by the injury from giving such notice. 2 23 Sec. 5. APPLICABILITY. This Act applies to all 2 24 complaints, claims, and actions made or filed on or after July 2 25 1, 2007. 2 26 EXPLANATION 2 27 Current law provides that the applicable statute of 2 28 limitation periods in which a lawsuit may be filed pursuant to 2 29 Code chapter 614 are subject to the tolling provisions 2 30 relating to minors and persons with mental illness contained 2 31 in Code section 614.8. That section provides that if a person 2 32 was a minor at the time the injury occurred, the person has 2 33 one year after attaining the age of majority (18) to file an 2 34 action. Similarly, if a person had a mental illness at the 2 35 time the injury occurred, the person has until one year after 3 1 the termination of the mental illness to file an action. A 3 2 tolling provision in the law stops the applicable statute of 3 3 limitation running for a specified period of time. 3 4 The bill extends the tolling provisions relating to minors 3 5 and persons with mental illness to complaints and actions 3 6 filed in certain civil rights cases including discriminatory 3 7 and unfair employment, housing, education, credit, and 3 8 accommodation cases, and to claims and actions filed against 3 9 the state and against a city, county, township, school 3 10 district, or any other unit of local government except a soil 3 11 and water conservation district. 3 12 The bill applies to all complaints, claims, and actions 3 13 filed on or after July 1, 2007. 3 14 LSB 1775SC 82 3 15 rh:rj/je/5