Iowa 2021-2022 Regular Session Status: Enacted

SF 239 — A bill for an act relating to proper parties in causes of actions following the death of persons entitled or liable to such causes of actions and including applicability provisions. (Formerly SSB 1009.) Effective date: 07/01/2021. Applicability date: 07/01/2021.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2021. Enacted.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

High

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Bill Text

What changed in the latest version

36 added · 55 removed

Plain-language change summary

Senate File 239 has been amended to clarify the procedures for continuing legal actions when a person entitled to file a lawsuit has died. The changes specify that legal representatives or successors can take over these actions, ensuring they are treated as ongoing from the time they would have been filed by the deceased. This amendment is important because it helps protect the rights of potential claimants and ensures that legal processes can continue smoothly without being hindered by the death of a party involved.

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K i m R e y n o l d s O f f i c e o f t h e G o v e r n o r A d a m G r e g g G O V E R N O R L T G O V E R N O R March 8,2021 The Honorable PaulPate Secretar}^ofStateofIowa StateCapitol Des Moines,Iowa 50319 Dear Mr.Secretary, Iherebytransmit:
Senate File 239 - Enrolled Senate File 239 AN ACT RELATING TO PROPER PARTIES IN CAUSES OF ACTIONS FOLLOWING THE DEATH OF PERSONS ENTITLED OR LIABLE TO SUCH CAUSES OF ACTIONS AND INCLUDING APPLICABILITY PROVISIONS.
SenateFile239,anActrelatingtoproperpartiesincausesofactionsfollowingthedeathof personsentitledorliabletosuchcausesofactionsandincludingapplicabilityprovisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveSenateFileisherebyapprovedonthisdate.
Sincerely, Kim Reynmds J Governor ofIowa cc;
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319 515.281.5211 FAX 515.725.35WWW.G0VERN0R.10WA.GOV RIGHT n n HUM i!iimiiiiniiiiiiihiii:!him m h iwi G E N E R A E A S S E M B E Y l KIilU!I liNH!Ili!iI ini!l!S!iliIil U!li!iai!l iainUi lI!i!IE!EMIl igil in!E!;!i;iSi!liniIilIliI !l!l!ili)!l il IliIlfninil!lil!l!;!il S e n a t e F i l e 2 3 9 A N A C T R E L A T I N G T O P R O P E R P A R T I E S I N C A U S E S O F A C T I O N S F O L L O W I N G T H E D E A T H O F P E R S O N S E N T I T L E D O R L I A B L E T O S U C H C A U S E S O F A C T I O N S A N D I N C L U D I N G A P P L I C A B I L I T Y P R O V I S I O N S .
B E I T E N A C T E D B Y T H E G E N E R A L ASSEMBLY O F T H E S T A T E O F I O W A :
Section 611.22, Code 2021, is amended to read as f o l l o w s :
Section 611.22, Code 2021, is amended to read as follows:
611.22 Actions by or against legal representatives — substitution.
611.22 Actions by or against legal representatives —— substitution.
If such an action by the deceased is allowed to be continued, then the court shall appoint a personal representative for the deceased as defined in section 633.3 or shall allow a successor under section 6 3 3 .
If such an action by the deceased is allowed to be continued, then the court shall appoint a personal representative for the deceased as defined in section 633.3 or shall allow a successor under section 633.356 to continue the action.
3 5 6 t o continue the a c t i o n .
This Act applies to actions that arise on or ai,ter July 1, 2021.
This Act applies to actions that arise on or after July 1, 2021.
J A K E C H A P M A N P A T G R A S S L E Y P r e s i d e n t o f t h e S e n a t e Speaker of the Hbuse I hereby certify that this bill originated in the Senate and is known as Senate Pile 239, Eighty-ninth General Assembly.
______________________________ ______________________________ JAKE CHAPMAN PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 239, Eighty-ninth General Assembly.
W .
______________________________ W.
C H A R L E S S M I T H S O N Secretary of the Senate Approved 2 0 2 1 K I M -REYNOLD G o v e r n o r
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2021 ______________________________ KIM REYNOLDS Governor
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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  3. Explanation of vote.

  4. Message from House.

  5. Explanation of vote.

  6. Immediate message.

  7. Passed House, yeas 92, nays none.

  8. Substituted for HF 366.

  9. Read first time, passed on file.

  10. Message from Senate.

  11. Immediate message.

  12. Passed Senate, yeas 48, nays 0.

  13. Committee report, approving bill.

  14. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What is the current status of SF 239?
This bill has been enacted into law. Introduced February 03, 2021. Enacted.
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