Bill Text: IA HF191 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to a general assembly member’s right to intervene in a court action and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-08 - Subcommittee: Carlin, Jones and Meyer. H.J. 248. [HF191 Detail]
Download: Iowa-2017-HF191-Introduced.html
House File 191 - Introduced HOUSE FILE BY WHEELER A BILL FOR 1 An Act relating to a general assembly member's right to 2 intervene in a court action and including effective date and 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2033YH (2) 87 jh/rj PAG LIN 1 1 Section 1. NEW SECTION. 613.22 Intervention rights ==== 1 2 general assembly. 1 3 1. In any court action in which the constitutionality, 1 4 legality, or interpretation of a statute is at issue, a member 1 5 or members of the general assembly shall have an unconditional 1 6 right to intervene as a party in the action and shall be deemed 1 7 to have proper standing in the action. 1 8 2. A member or members of the general assembly desiring 1 9 to intervene shall have an unconditional right to intervene 1 10 as a party, and any subsequent member or members shall have a 1 11 conditional right to intervene. 1 12 3. The only defense that may be raised to a motion to 1 13 intervene as of right under this section is that the proposed 1 14 intervenor does not have a good faith intention to defend the 1 15 law. Any party or proposed intervenor may raise this defense. 1 16 4. A member or members of the general assembly may request 1 17 to be represented by the attorney general, if the attorney 1 18 general is not already representing a party to the action. If 1 19 the member or members of the general assembly engage a private 1 20 attorney, no public moneys shall be expended for attorney fees. 1 21 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 1 22 immediate importance, takes effect upon enactment. 1 23 Sec. 3. APPLICABILITY. This Act applies to actions pending 1 24 or filed on or after the effective date of this Act. 1 25 EXPLANATION The inclusion of this explanation does not constitute agreement withthe e 1 26 This bill relates to a general assembly member's right to 1 27 intervene in a court action. 1 28 The bill provides that in any court action in which the 1 29 constitutionality, legality, or interpretation of a statute is 1 30 at issue, a member or members of the general assembly shall 1 31 have an unconditional right to intervene as a party in the 1 32 action and shall be deemed to have proper standing in the 1 33 action. 1 34 The bill provides that a member or members of the general 1 35 assembly desiring to intervene shall have an unconditional 2 1 right to intervene as a party and any subsequent member or 2 2 group of members shall have a conditional right to intervene. 2 3 The bill provides that the only defense that may be raised 2 4 to a motion to intervene as of right under the bill is that 2 5 the proposed intervenor does not have a good faith intention 2 6 to defend the law. 2 7 The bill allows the member or members of the general assembly 2 8 to request to be represented by the attorney general if the 2 9 attorney general is not already representing a party to the 2 10 action. If the member or members of the general assembly 2 11 engage a private attorney, no public moneys shall be expended 2 12 for attorney fees. 2 13 The bill takes effect upon enactment and applies to actions 2 14 pending or filed on or after the effective date of the bill. LSB 2033YH (2) 87 jh/rj
