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Nixon v. State9/30/2005
ine and effectuate the legislature's intent." (citing Grundmeyer v. Weyerhaeuser Co., 649 N.W.2d 744, 750 (Iowa 2002))). Our legislature adopted a statute in 1965 that permitted some tort claims to be filed against the State, and our task is to decide if our legislature at the time intended this statute to include claims based on conduct that occurred decades prior to the statutory enactment. See Barad v. Jefferson County, 178 N.W.2d 376, 378 (Iowa 1970) ("The question of retrospectivity is one of legislative intent." (citing Schmitt v. Jenkins Truck Lines, Inc., 260 Iowa 556, 560, 149 N.W.2d 789, 791 (1967))). This case is not, as the majority discusses, about an old debate over the waiver of sovereign immunity, or whether the appellees' claim falls within the statute of limitations, or even how the appellees' claim would be treated if the injury had occurred today. The issue is plain and simple--does the statute waiving partial immunity apply retroactively to include the type of claim presented in this case? The answer is equally clear--our legislature never intended the statute to include the claim brought by the appellees.
Generally, if a statute creates substantive law, it is applied only prospectively. State ex rel. Turner v. Limbrecht, 246 N.W.2d 330, 332 (Iowa 1976). If the statute is remedial in nature, it is applied both prospectively and retroactively. Id. Ultimately, however, " he question of retrospectivity is one of legislative intent." Barad, 178 N.W.2d at 378 (citing Schmitt, 260 Iowa at 560, 149 N.W.2d at 791). Courts search for this intent from the language of the statute, its purpose, and the goals sought to be accomplished. Cox v. State, 686 N.W.2d 209, 213 (Iowa 2004) (citing State v. Albrecht, 657 N.W.2d 474, 479 (Iowa 2003)).
Yet, we do not need to focus on the rules of law developed to ascertain the retroactive scope of the statute because our legislature specifically included a provision in the statute addressing its retroactive effect. Christy v. Miulli, 692 N.W.2d 694, 705 (Iowa 2005) ("If the statutory language is plain and the meaning clear, we do not search for legislative intent beyond the express terms of the statute." (Citation and quotation marks omitted.)). In defining the meaning of a "claim" under the Act in 1965, the legislature specifically addressed the retroactive nature of the statute by only including within its coverage "claims accruing on or after January 1, 1963." 1965 Iowa Acts ch. 79, § 2(5). Thus, the legislature clearly sought to implement a limited retroactive scheme, and the issue becomes whether the legislature intended its retroactive scheme to apply to claims that occurred after January 1, 1963, or to claims discovered after January 1, 1963. This issue turns on the interpretation of the statute, and it is essential to turn to the language of the Act to reach a resolution. See Cox, 686 N.W.2d at 213 (noting we begin with the language of the provision at issue).
The statute initially defined a "claim" to mean:
any claim against the state of Iowa for money only, on account of damage to or loss of property or on account of personal injury or death, caused by the negligent or wrongful act or omission of any employee of the state while acting within the scope of his office or employment, under circumstances where the state, if a private person, would be liable to the claimant for such damage, loss, injury, or death.
1965 Iowa Acts ch. 79, § 2(5). This section then concluded the definition with the important language at the heart of this dispute: "However, a 'claim' includes only such claims accruing on or after January 1, 1963." Id. Significantly, the legislature also established a statute-of-limitations peri
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