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 - Dead) 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
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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
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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
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