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