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Nixon v. State9/30/2005
n torts committed in 1939, remained barred notwithstanding the enactment of the Iowa Tort Claims Act. That brings me to the 1969 repeal of the retroactivity provision.
E. Repeal of Retroactivity Provision
Four years after the State Tort Claims Act was adopted, the legislature amended the statute in two relevant particulars. First, the general assembly deleted the words "or prior to July 1, 1967, whichever is later" in the statute of limitations, with the explanation that this amendment "deletes unnecessary and confusing language." S.F. 376, 63rd G.A., 1st Sess. Explanation (Iowa 1969); see also 1969 Iowa Acts ch. 81, § 4(2). At the same time, the legislature deleted the sentence in the definition of "claim" that stated "'claim' includes only such claims accruing on or after January 1, 1963." 1969 Iowa Acts ch. 81, § 2. The senate bill approved by the general assembly explained that the deleted sentence "is no longer necessary in view of the statute of limitations set forth in section 25A.13." S.F. 376, 63rd G.A., 1st Sess. Explanation (Iowa 1969).
These legislative explanations--that the amendments were mere housekeeping to rid the statute of unnecessary provisions--are entirely consistent with my interpretation of the statute. By 1969 when these provisions were deleted, all claims accruing/occurring after January 1963 that had not already been pursued in court were barred. That conclusion is required by the statutory provision stating that " very claim against the state permitted under this Act shall be forever barred, unless [filed within two years or prior to July 1, 1967]." Thus, there was no reason for the legislature to continue to address claims within this transition period: these claims had either been pursued in court or they were "forever barred."
More importantly, the repeal of the retroactivity provision did not affect claims based on torts committed before January 1, 1963, such as those of the plaintiffs. First, the 1969 housekeeping amendments evidence no intent to effect a substantive change in the law, namely, to revive previously barred claims. Cf. Frideres, 540 N.W.2d at 266 (stating extended statute of limitations will not "'revive actions previously barred under a prior statute in the absence of express legislative intent'" (emphasis added) (citation omitted)). Consequently, the mere repeal of the retroactivity provision did not revive the plaintiffs' claims. As I have already explained, the retroactivity provision did not revive claims based on pre-1963 torts, and so its repeal did not affect such claims either.
In addition, at the time the retroactivity provision was repealed, the State had a right to assert the statute of limitations as a defense because the applicable limitations period had expired and the plaintiffs' barred claims had not been revived by the act. There is nothing in the bill deleting the retroactivity provision to indicate that the legislature intended to alter accrued rights by its action, and therefore, the State's right to its statute-of-limitations defense was not affected by the repeal of the retroactivity provision. See D.M. ex rel. C.H. v. Nat'l Sch. Bus Serv., Inc., 713 N.E.2d 196, 203 (Ill. App. Ct. 1999) (refusing to "'breathe life into previously barred claim'" brought against a governmental subdivision, stating "'" vested ground of defense is as fully protected from being cut off or destroyed by an act of the legislature as is a vested cause of action'"" (citations omitted)). See generally 2 Statutes and Statutory Construction § 41:9, at 455 (6th ed. 2001 rev.) (" statute may not apply retroactively to revive a cause of action already barred by the statute of limitations").
In conclus
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