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.  A Except 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.  A Except 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  3    Every Except 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