HB0115 • 2013

Wrongful death-tolling of statutes of limitation.

AN ACT relating to wrongful death claims; providing for tolling of statutes of limitations upon filing of appointment of wrongful death representative; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Greear
Last action: 2013-03-14
Official status: enrolled
Effective date: 3/13/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0115HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2013-03-14 LSO
Assigned Chapter Number
2013-03-13 Governor
Governor Signed HEA No. 0087
2013-02-25 Senate
S President Signed HEA No. 0087
2013-02-25 House
H Speaker Signed HEA No. 0087
2013-02-22 LSO
Assigned Number HEA0087
2013-02-22 Senate
S Passed 3rd Reading
2013-02-21 Senate
S Passed 2nd Reading
2013-02-20 Senate
S Passed CoW
2013-02-15 Senate
S Placed on General File
2013-02-15 Senate
S01 Recommended Do Pass
2013-01-28 Senate
S Introduced and Referred to S01
2013-01-22 Senate
S Received for Introduction
2013-01-21 House
H Passed 3rd Reading
2013-01-18 House
H Passed 2nd Reading
2013-01-17 House
H Passed CoW
2013-01-17 House
Amendment Adopted
2013-01-17 House
H Amendments Adopted
2013-01-16 House
H Placed on General File
2013-01-16 House
H01 Recommended Amend and Do Pass
2013-01-10 House
H Introduced and Referred to H01
2013-01-09 House
H Received for Introduction
2013-01-08 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0115
Drafter:

LGC

LSO No.:
13LSO-0460
Effective Date:

Immediate

Enrolled Act No.:
HEA0087

Chapter No.:
CH0177

Prime Sponsor:
Representative Greear

Catch Title:
Wrongful
death-tolling of statutes of limitation.

Subject:
Extending
applicability of tolling of statutes of limitation in wrongful death
proceedings.

Summary/Major
Elements:

An action for wrongful death must be commenced within
two (2) years after the death of the decedent. Under current law, that time
period is tolled if an action to appoint a wrongful death representative is
filed.

This act tolls all other applicable limitation periods
if an action to appoint a wrongful death representative is filed.

The period of the tolling is from the filing of the
application to appoint the representative until 30 days after the order
appointing the representative is entered.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0115

ENROLLED ACT NO. 87, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
wrongful death claims; providing for tolling of statutes of limitations upon filing of appointment of wrongful death representative;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 1
‑
38
‑
103(b)(ii) is amended to read:

1
‑
38
‑
103.

Appointment of wrongful death representative.

(b)

The district court may appoint the wrongful death representative at any time after the decedent's death. The appointment shall be made in a separate action brought solely for appointing the wrongful death representative. In any action in which appointment of the wrongful death representative is sought, any person claiming to qualify under W.S. 1
‑
38
‑
104(a) may intervene as a matter of right. After an action to appoint the wrongful death representative is filed:

(ii)

If an action to appoint the wrongful death representative is properly filed,
the limitation period under W.S. 1
‑
38
‑
102(d)
and any other
applicable limitation periods
shall be tolled from the time the action is filed until thirty (30) days after an order appointing the wrongful death representative is entered.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk