Senate Study Bill 1083 



                                       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 notice of claims and the statute of limitation
  2    period in an action involving a claim against a special
  3    charter city.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1094XC 83
  6 rh/rj/8

PAG LIN



  1  1    Section 1.  Section 420.44, Code 2009, is amended to read
  1  2 as follows:
  1  3    420.44  UNLIQUIDATED CLAIM == LIMITATION OF ACTION.
  1  4    No suit An action shall be brought against any such city
  1  5 for any unliquidated claim or demand unless within three
  1  6 months from the time the same became due or cause of action
  1  7 accrued thereon, nor unless a written, verified statement of
  1  8 the general nature, cause, and amount of same is filed with
  1  9 the clerk or recorder thirty days before the commencement of
  1 10 such suit two years after the alleged injury or damage.
  1 11    Sec. 2.  Section 420.45, Code 2009, is amended to read as
  1 12 follows:
  1 13    420.45  CLAIMS FOR PERSONAL INJURY == LIMITATION.
  1 14    In all cases of personal injury or damage to property
  1 15 resulting from defective streets or sidewalks, or from any
  1 16 cause originating in the neglect or failure of any municipal
  1 17 corporation or its officers to perform their duties, no suit
  1 18 an action shall be brought against any such city after three
  1 19 months within two years from the time of after the alleged
  1 20 injury or damage, and not then unless a written verified
  1 21 statement of the amount, nature, and cause of such injury or
  1 22 damage, and the time when and the place where such injury
  1 23 occurred, and the particular defect or negligence of the city
  1 24 or its officers which it is claimed caused or contributed to
  1 25 the injury or damage, shall be presented to the council or
  1 26 filed with the clerk within thirty days after said alleged
  1 27 injury or damage was sustained.
  1 28                           EXPLANATION
  1 29    This bill eliminates the requirement that a notice of a
  1 30 claim against a special charter city for personal injury or
  1 31 damage to property resulting from defective streets or
  1 32 sidewalks or from any cause originating in the neglect or
  1 33 failure of any municipal corporation or its officers to
  1 34 perform their duties be presented to the city council or filed
  1 35 with the city clerk within 30 days after the injury or damage
  2  1 in order to sustain a tort action against the special charter
  2  2 city.  The bill also eliminates the requirement that a notice
  2  3 of any unliquidated damage claim against a special charter
  2  4 city be filed with the city clerk or recorder 30 days before a
  2  5 lawsuit is filed against a special charter city.  The
  2  6 elimination of these notice of claim requirements are
  2  7 consistent with the elimination of the notice of claim
  2  8 requirement relating to tort claims against a municipality
  2  9 enacted in 2007 Iowa Acts, chapter 110, section 5 (S.F. 384).
  2 10    The bill specifies that all such actions against a special
  2 11 charter city must be brought within two years after the
  2 12 alleged injury or damage.
  2 13 LSB 1094XC 83
  2 14 rh/rj/8