Senate
File
239
-
Introduced
SENATE
FILE
239
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1009)
(COMPANION
TO
HF
366
BY
COMMITTEE
ON
JUDICIARY)
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
1236SV
(2)
89
cm/jh
S.F.
239
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
1236SV
(2)
89
cm/jh
1/
2
S.F.
239
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
1236SV
(2)
89
cm/jh
2/
2