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House Study Bill 35 - IntroducedA Bill ForAn Act 1relating to proper parties in causes of actions
2following the death of persons entitled or liable to such
3causes of actions and including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 611.22, Code 2021, is amended to read as
2follows:
3611.22 Actions by or against legal personal representatives
4or successors — substitution.
5Any action contemplated in sections 611.20 and 611.21 may
6be brought, or the court, on motion, may allow the action to
7be continued, by or against the legal representatives either
8a personal representative of the deceased’s estate as defined
9in section 633.3 or successors in interest of the deceased a
10successor as defined in section 633.356, subsection 2. Such
11action shall be deemed a continuing one, and to have accrued
12to such the deceased’s personal representative or successor at
13the time it would have accrued to the deceased if the deceased
14had survived. If such the action is continued against the
15legal deceased’s personal representative of the defendant or
16successor, a notice shall be served on the legal deceased’s
17personal representative or successor, as in case of original
18notices.
19 Sec. 2. APPLICABILITY. This Act applies to actions that
20arise on or after July 1, 2021.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24Current law allows a deceased person’s legal representative
25or successor in interest to bring or continue certain actions
26of the deceased. This bill amends current law to instead
27allow the deceased person’s personal representative or
28successor to bring such actions. Personal representative is
29defined to mean the executor or administrator of the deceased
30person’s estate and a successor is defined as the reasonably
31ascertainable beneficiary or beneficiaries who succeeded to the
32item of property under the decedent’s will, if the decedent
33died testate; if the decedent died intestate, the reasonably
34ascertainable person or persons who succeeded to the property
35under the laws of intestate succession of this state; and if
-1-1the decedent received medical assistance benefits from the
2state, the Iowa Medicaid agency that provided the benefits.
3The bill provides that a personal representative or
4successor may have a suit brought, or the court, on motion,
5may allow the action to continued, by or against the personal
6representative or successor, by actions provided for under
7Code sections 611.20 and 611.21. Code section 611.20 provides
8that all causes of actions shall survive and may be brought
9notwithstanding the death of the persons entitled or liable
10to the same and Code section 611.21 provides that the right
11of civil remedy is not merged in a public offense and is not
12restricted for other violation of law, but may be enforced
13independently of and in addition to the punishment of the
14former.
15The bill provides that a continuing suit will have accrued
16at the time it would have if the decedent had survived. Notice
17shall be served on the personal representative or successor as
18in case of original notices.
19The bill applies to actions that arise on or after July 1,
202021.
-2-cm/jh
2following the death of persons entitled or liable to such
3causes of actions and including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 611.22, Code 2021, is amended to read as
2follows:
3611.22 Actions by or against legal personal representatives
4or successors — substitution.
5Any action contemplated in sections 611.20 and 611.21 may
6be brought, or the court, on motion, may allow the action to
7be continued, by or against the legal representatives either
8a personal representative of the deceased’s estate as defined
9in section 633.3 or successors in interest of the deceased a
10successor as defined in section 633.356, subsection 2. Such
11action shall be deemed a continuing one, and to have accrued
12to such the deceased’s personal representative or successor at
13the time it would have accrued to the deceased if the deceased
14had survived. If such the action is continued against the
15legal deceased’s personal representative of the defendant or
16successor, a notice shall be served on the legal deceased’s
17personal representative or successor, as in case of original
18notices.
19 Sec. 2. APPLICABILITY. This Act applies to actions that
20arise on or after July 1, 2021.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24Current law allows a deceased person’s legal representative
25or successor in interest to bring or continue certain actions
26of the deceased. This bill amends current law to instead
27allow the deceased person’s personal representative or
28successor to bring such actions. Personal representative is
29defined to mean the executor or administrator of the deceased
30person’s estate and a successor is defined as the reasonably
31ascertainable beneficiary or beneficiaries who succeeded to the
32item of property under the decedent’s will, if the decedent
33died testate; if the decedent died intestate, the reasonably
34ascertainable person or persons who succeeded to the property
35under the laws of intestate succession of this state; and if
-1-1the decedent received medical assistance benefits from the
2state, the Iowa Medicaid agency that provided the benefits.
3The bill provides that a personal representative or
4successor may have a suit brought, or the court, on motion,
5may allow the action to continued, by or against the personal
6representative or successor, by actions provided for under
7Code sections 611.20 and 611.21. Code section 611.20 provides
8that all causes of actions shall survive and may be brought
9notwithstanding the death of the persons entitled or liable
10to the same and Code section 611.21 provides that the right
11of civil remedy is not merged in a public offense and is not
12restricted for other violation of law, but may be enforced
13independently of and in addition to the punishment of the
14former.
15The bill provides that a continuing suit will have accrued
16at the time it would have if the decedent had survived. Notice
17shall be served on the personal representative or successor as
18in case of original notices.
19The bill applies to actions that arise on or after July 1,
202021.
-2-cm/jh