Senate Study Bill 1009 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 1236XC (5) 89 cm/jh
S.F. _____ Section 1. Section 611.22, Code 2021, is amended to read as 1 follows: 2 611.22 Actions by or against legal personal representatives 3 or successors —— 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 to 6 be continued, by or against the legal representatives either 7 a personal representative of the deceased’s estate as defined 8 in section 633.3 or successors in interest of the deceased a 9 successor as defined in section 633.356, subsection 2 . Such 10 action shall be deemed a continuing one, and to have accrued 11 to such the deceased’s personal representative or successor at 12 the time it would have accrued to the deceased if the deceased 13 had survived. If such the action is continued against the 14 legal deceased’s personal representative of the defendant or 15 successor , a notice shall be served on the legal deceased’s 16 personal representative or successor, as in case of original 17 notices. 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 continue certain actions 25 of the deceased. This bill amends current law to instead 26 allow the deceased person’s personal representative or 27 successor to bring such actions. Personal representative is 28 defined to mean the executor or administrator of the deceased 29 person’s estate and a successor is defined as the reasonably 30 ascertainable beneficiary or beneficiaries who succeeded to the 31 item of property under the decedent’s will, if the decedent 32 died testate; if the decedent died intestate, the reasonably 33 ascertainable person or persons who succeeded to the property 34 under the laws of intestate succession of this state; and if 35 -1- LSB 1236XC (5) 89 cm/jh 1/ 2
S.F. _____ the decedent received medical assistance benefits from the 1 state, the Iowa Medicaid agency that provided the benefits. 2 The bill provides that a personal representative or 3 successor may have a suit brought, or the court, on motion, 4 may allow the action to continued, by or against the personal 5 representative or successor, by actions provided for under 6 Code sections 611.20 and 611.21. Code section 611.20 provides 7 that all causes of actions shall survive and may be brought 8 notwithstanding the death of the persons entitled or liable 9 to the same and Code section 611.21 provides that the right 10 of civil remedy is not merged in a public offense and is not 11 restricted for other violation of law, but may be enforced 12 independently of and in addition to the punishment of the 13 former. 14 The bill provides that a continuing suit will have accrued 15 at the time it would have if the decedent had survived. Notice 16 shall be served on the personal representative or successor as 17 in case of original notices. 18 The bill applies to actions that arise on or after July 1, 19 2021. 20 -2- LSB 1236XC (5) 89 cm/jh 2/ 2