Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009

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HF 758

House File 758 - Introduced

HOUSE FILE

BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 172)

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved


A BILL FOR
1 An Act relating to damages recoverable for the wrongful or

2 negligent injury or death of a person.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 1737HV 83

5 rh/rj/5

House File 758 - Introduced continued


PAG LIN

1 1 Section 1. Section 613.15, Code 2009, is amended by

1 2 striking the section and inserting in lieu thereof the

1 3 following:

1 4 613.15 INJURY TO OR DEATH OF SPOUSE OR PARENT.

1 5 A spouse or child of a person may recover for the expense

1 6 and actual loss of support, services, companionship, and

1 7 society resulting from injury to or death of the person.

1 8 Sec. 2. Section 633.336, Code 2009, is amended to read as

1 9 follows:

1 10 633.336 DAMAGES FOR WRONGFUL DEATH.

1 11 1. When a wrongful act produces death, damages recovered

1 12 as a result of the wrongful act may include damages for the

1 13 decedent's loss of enjoyment of life and shall be disposed of

1 14 as personal property belonging to the estate of the deceased;

1 15 however, if the damages include damages for loss of services

1 16 and support of a deceased spouse, parent, or child, the

1 17 damages shall be apportioned by the court among the surviving

1 18 spouse, children, and parents of the decedent in a manner as

1 19 the court may deem equitable consistent with the loss of

1 20 services and support sustained by the surviving spouse,

1 21 children, and parents respectively. Any recovery by a parent

1 22 for the death of a child shall be subordinate to the recovery,

1 23 if any, of the spouse or a child of the decedent. If the

1 24 decedent leaves a spouse, child, or parent, damages for

1 25 wrongful death shall not be subject to debts and charges of

1 26 the decedent's estate, except for amounts to be paid to the

1 27 department of human services for payments made for medical

1 28 assistance pursuant to chapter 249A, paid on behalf of the

1 29 decedent from the time of the injury which gives rise to the

1 30 decedent's death up until the date of the decedent's death.

1 31 2. For the purposes of this section, "loss of enjoyment of


1 32 life" is measured separate and apart from the economic

1 33 productive value the decedent would have had if the decedent

1 34 lived and such damages shall not be duplicative of damages

1 35 recoverable under sections 613.15 and 613.15A.
House File 758 - Introduced continued

2 1 EXPLANATION

2 2 This bill relates to damages recoverable for the wrongful

2 3 or negligent injury or death of a person.

2 4 The bill provides that a spouse or child of a person may

2 5 recover for the expense and actual loss of support, services,

2 6 companionship, and society resulting from injury to or death

2 7 of the person.

2 8 The bill also provides that, in regard to Iowa's wrongful

2 9 death statute under Code section 633.336, damages recoverable

2 10 may include damages for a decedent's loss of enjoyment of

2 11 life, measured separate and apart from the economic productive

2 12 value the decedent would have had if the decedent lived and

2 13 such damage shall not be duplicative of damages recoverable in

2 14 an action for the injury or death of a spouse or parent and in

2 15 an action for injury or death of a child.

2 16 LSB 1737HV 83

2 17 rh/rj/5



HF 759


House File 759 - Introduced

HOUSE FILE

BY COMMITTEE ON REBUILD IOWA

AND DISASTER RECOVERY


(SUCCESSOR TO HSB 181)

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved


A BILL FOR
1 An Act requiring counties and cities with flood hazard areas

2 within their boundaries to participate in the national flood

3 insurance program.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

5 TLSB 1727HV 83

6 av/rj/5

House File 759 - Introduced continued
PAG LIN

1 1 Section 1. NEW SECTION. 455B.262A NATIONAL FLOOD

1 2 INSURANCE PROGRAM == PARTICIPATION REQUIRED.

1 3 1. All counties and cities in this state that have an

1 4 effective flood insurance rate map or flood hazard boundary

1 5 map published by the federal emergency management agency that

1 6 identifies a special flood hazard area within the political

1 7 boundaries of the county or city shall meet the requirements

1 8 for participation in the national flood insurance program

1 9 administered by the federal emergency management agency on or

1 10 before July 30, 2013.

1 11 2. If a county or city does not currently have an

1 12 effective flood insurance rate map or flood hazard boundary

1 13 map published by the federal emergency management agency that

1 14 identifies a special flood hazard area within the political

1 15 boundaries of the county or city, the county or city shall

1 16 have twenty months from the effective date of any future flood

1 17 insurance rate map or flood hazard boundary map published by

1 18 the federal emergency management agency to meet the

1 19 requirements for participation in the national flood insurance

1 20 program.

1 21 3. Each county or city shall agree to manage flood hazard

1 22 areas within its jurisdiction by adopting regulatory standards

1 23 that meet or exceed statewide floodplain management standards

1 24 and the minimum requirements of the national flood insurance

1 25 program.

1 26 4. The department shall assist counties and cities with

1 27 developing and administering local floodplain management

1 28 programs and with otherwise meeting the requirements for

1 29 participation in the national flood insurance program.

1 30 5. State participation in funding financial assistance

1 31 under section 29C.6, subsection 17, paragraph "a", is

1 32 contingent upon the county or city participating in the

1 33 national flood insurance program pursuant to this section.

1 34 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection

1 35 3, shall not apply to this Act.


House File 759 - Introduced continued
2 1 EXPLANATION

2 2 This bill creates new Code section 455B.262A requiring all

2 3 counties and cities in the state that have an effective flood

2 4 insurance rate map or flood hazard boundary map published by

2 5 the federal emergency management agency that identifies a

2 6 special flood hazard area within their political boundaries to

2 7 meet the requirements for participation in the national flood

2 8 insurance program administered by the federal emergency

2 9 management agency on or before July 30, 2013.

2 10 If a city or county does not currently have an effective

2 11 flood insurance rate map or flood hazard boundary map

2 12 published by the federal emergency management agency that

2 13 identifies a special flood hazard area within its political

2 14 boundaries, the county or city has 20 months from the

2 15 effective date of any future flood insurance rate map or flood

2 16 hazard boundary map to meet the requirements for participation

2 17 in the national flood insurance program.

2 18 Each county or city must agree to manage flood hazard areas

2 19 within its jurisdiction by adopting regulatory standards that

2 20 meet or exceed statewide floodplain management standards and

2 21 the minimum standards of the national flood insurance program.

2 22 The department of natural resources shall assist cities and

2 23 counties with developing and administering local floodplain

2 24 management programs and otherwise meeting the requirements of

2 25 the national flood insurance program.

2 26 State participation in funding financial assistance to a

2 27 county or city pursuant to Code section 29C.6(17)(a) when

2 28 federal financial assistance is available, is contingent upon

2 29 the county or city participating in the national flood

2 30 insurance program as required in new Code section 455B.262A.

2 31 The bill may include a state mandate as defined in Code

2 32 section 25B.3. The bill makes inapplicable Code section

2 33 25B.2, subsection 3, which would relieve a political

2 34 subdivision from complying with a state mandate if funding for

2 35 the cost of the state mandate is not provided or specified.
House File 759 - Introduced continued
3 1 Therefore, political subdivisions are required to comply with

3 2 any state mandate included in the bill.

3 3 LSB 1727HV 83

3 4 av/rj/5.1







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