Amendment H-8374 to SF 2431
Relating to the periods of time to bring civil actions for injuries that result from sex offenses against minors for the purpose of filing claims against the bankruptcy estate of a congressionally chartered organization, and including effective date and retroactive applicability provisions
Adopted · April 19, 2024
Filed April 19, 2024 in the House by
What it changes
AI summary This amendment adds a section to the bill stating that the legislature is making this specific change to the time limits for lawsuits only because of the unique and rare circumstances presented to them. It also clarifies that this decision should not be used as a reason to change similar laws in the future.1
Read the amendment’s wording
- Page 1, before line 1 by inserting: “Section
- STATUTE OF LIMITATION MODIFICATION —— LEGISLATIVE FINDINGS. It is the finding of the general assembly that the following facts and circumstances are conditions precedent to this modification of an existing Iowa statute of limitation:
- That legislatively created, after-the-fact exceptions to the operation of civil statutes of limitation are, in general, poor public policy.
- Such exceptions tend to erode the rule of law, respect for the doctrine of equal protection, and due regard for the sanctity of contracts.
- Notwithstanding such principles, various parties have represented to the general assembly that a defined and discreet group of Iowa sexual abuse victims face a grotesque miscarriage of justice if the operation of sections 614.1 and 614.8 is not suspended for their benefit.
- These parties have also represented to the general assembly that the circumstances surrounding the lawsuits are unlikely to reoccur, and that the proposed retroactive enlargement of the statute of limitation will not injure any third party who has not already consented to settlement of their interests.
- But for the unusual and exceptionally rare circumstances represented to be present, an after-the-fact enlargement of a statute of limitation would not be considered.
- The action taken by the general assembly in this matter is not to be considered or offered in the future as creating a precedent for future legislative action by the general assembly.”
- By renumbering as necessary.