House File 366 - Introduced HOUSE FILE 366 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 35) A BILL FOR An Act relating to proper parties in causes of actions 1 following the death of persons entitled or liable to such 2 causes of actions and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1236HV (4) 89 cm/jh
H.F. 366 Section 1. Section 611.22, Code 2021, is amended to read as 1 follows: 2 611.22 Actions by or against legal representatives —— 3 substitution. 4 Any action contemplated in sections 611.20 and 611.21 may 5 be brought, or the court, on motion, may allow the action 6 to be continued, by or against the legal representatives or 7 successors in interest of the deceased. Such action shall 8 be deemed a continuing one, and to have accrued to such 9 representative or successor at the time it would have accrued 10 to the deceased if the deceased had survived. If such is 11 continued against the legal representative or successor in 12 interest of the defendant, a notice shall be served on the 13 legal representative as in case of original notices. If such 14 an action by the deceased is allowed to be continued, then the 15 court shall appoint a personal representative for the deceased 16 as defined in section 633.3 or shall allow a successor under 17 section 633.356 to continue the action. 18 Sec. 2. APPLICABILITY. This Act applies to actions that 19 arise on or after July 1, 2021. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 Current law allows a deceased person’s legal representative 24 or successor in interest to bring, or with approval of the 25 court continue, certain actions described in Code sections 26 611.20 and 611.21 of the deceased. This bill provides that 27 if such an action by the deceased is allowed to be continued, 28 then the court shall appoint a personal representative for the 29 deceased or shall allow a successor to continue the action. 30 Personal representative is defined to mean the executor or 31 administrator of the deceased person’s estate, and a successor 32 is defined as the reasonably ascertainable beneficiary or 33 beneficiaries who succeeded to the item of property under the 34 decedent’s will, if the decedent died testate; if the decedent 35 -1- LSB 1236HV (4) 89 cm/jh 1/ 2
H.F. 366 died intestate, the reasonably ascertainable person or persons 1 who succeeded to the property under the laws of intestate 2 succession of this state; and if the decedent received medical 3 assistance benefits from the state, the Iowa Medicaid agency 4 that provided the benefits. 5 Code section 611.20 provides that all causes of actions 6 shall survive and may be brought notwithstanding the death of 7 the persons entitled or liable to the same, and Code section 8 611.21 provides that the right of civil remedy is not merged in 9 a public offense and is not restricted for other violation of 10 law, but may be enforced independently of and in addition to 11 the punishment of the former. 12 The bill applies to actions that arise on or after July 1, 13 2021. 14 -2- LSB 1236HV (4) 89 cm/jh 2/ 2