Bill Text: IA HF315 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the proper parties in an action, and providing penalties.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2019-02-08 - Introduced, referred to Judiciary. H.J. 238. [HF315 Detail]

Download: Iowa-2019-HF315-Introduced.html
House File 315 - Introduced HOUSE FILE 315 BY SALMON , BAXTER , WHEELER , OSMUNDSON , and FISHER A BILL FOR An Act relating to the proper parties in an action, and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1507YH (4) 88 asf/jh
H.F. 315 Section 1. NEW SECTION . 613.3 Actions —— proper parties. 1 1. All parties to an action must be one of the following: 2 a. Human persons. 3 b. Entities legally recognized as persons under section 4.1, 4 subsection 20. 5 2. A non-human person except for legal entities recognized 6 as persons under section 4.1, subsection 20, shall not be a 7 party or nominal party to an action, including but not limited 8 to any of the following: 9 a. Animal. 10 b. Vegetable. 11 c. Mineral. 12 d. Topographic feature. 13 3. A person shall not claim to act as a representative for 14 a party or class of parties not specifically authorized under 15 subsection 1. 16 4. A court shall not have jurisdiction to adjudicate 17 alleged rights of a party or class of parties not specifically 18 authorized under subsection 1. 19 5. a. A person taking action in a court who purports 20 to represent or act on behalf of any party who is barred by 21 subsection 2 commits both a public offense and a contempt of 22 court. 23 b. A person who violates paragraph “a” shall be punished in 24 one of the following ways: 25 (1) By being held in contempt of court under section 665.4. 26 (2) Upon conviction, as a public offense. For the first 27 offense, the person commits a serious misdemeanor. For the 28 second offense, the person commits an aggravated misdemeanor. 29 For the third or subsequent offense, the person commits a class 30 “D” felony. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the proper parties in actions, by 35 -1- LSB 1507YH (4) 88 asf/jh 1/ 2
H.F. 315 providing that only persons may sue or be sued. The bill 1 provides that all parties to an action must be either human 2 persons or entities legally recognized as persons under Code 3 section 4.1(20). The bill provides that a party to an action 4 may not be a non-human, except for legal entities recognized 5 as persons under Code section 4.1, subsection 20, including 6 but not limited to an animal, a vegetable, a mineral, or a 7 topographic feature. The bill provides that a person shall not 8 claim to act as a party representative for a party or class of 9 parties that are neither human persons nor entities legally 10 recognized as persons under Code section 4.1(20). The bill 11 provides that a court shall not have jurisdiction to adjudicate 12 alleged rights of a party or class of parties that are neither 13 human persons nor entities legally recognized as persons under 14 Code section 4.1(20). The bill provides that a person taking 15 action in a court who purports to represent or act on behalf 16 of any party who is barred by the bill commits both a public 17 offense and a contempt of court and shall be punished either 18 by being held in contempt or, upon conviction, as a public 19 offense. If it is the person’s first offense, a violation is a 20 serious misdemeanor; if it is the person’s second offense, a 21 violation is an aggravated misdemeanor; if it is the person’s 22 third or subsequent offense, a violation is a class “D” felony. 23 A serious misdemeanor is punishable by confinement for no 24 more than one year and a fine of at least $315 but not more than 25 $1,875. An aggravated misdemeanor is punishable by confinement 26 for no more than two years and a fine of at least $625 but 27 not more than $6,250. A class “D” felony is punishable by 28 confinement for no more than five years and a fine of at least 29 $750 but not more than $7,500. 30 -2- LSB 1507YH (4) 88 asf/jh 2/ 2
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