Bill Text: IA SF190 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to frivolous actions and attorney fees.

Sponsorship: Partisan Bill (Republican 8)

Status: (Introduced - Dead) 2015-02-11 - Subcommittee, Horn, Garrett, and Sodders. S.J. 284. [SF190 Detail]

Download: Iowa-2015-SF190-Introduced.html

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Senate File 190 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN, BEHN,
                                     BREITBACH, SEGEBART,
                                     KAPUCIAN, SINCLAIR,
                                     SCHULTZ, and GUTH

                                      A BILL FOR

  1 An Act relating to frivolous actions and attorney fees.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1735XS (3) 86
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PAG LIN



  1  1    Section 1.  Section 610A.1, subsection 1, paragraph e, Code
  1  2 2015, is amended to read as follows:
  1  3    e.  If the inmate has unsuccessfully prosecuted three or more
  1  4 frivolous actions in the preceding five=year period, or if the
  1  5 court deems the current action to be frivolous, the court may
  1  6 stay the proceeding in accordance with section 617.16.
  1  7    Sec. 2.  Section 617.16, Code 2015, is amended to read as
  1  8 follows:
  1  9    617.16  Frivolous actions.
  1 10    1.  If a party commencing an action has in the preceding
  1 11 five=year period unsuccessfully prosecuted three or more
  1 12 actions, and the court may, if it deems the actions to have
  1 13 been frivolous, or if the court deems the current action to be
  1 14 frivolous, the court may stay the proceedings until that the
  1 15  party furnishes who commenced the action has complied with the
  1 16 court's order to do either of the following:
  1 17    a.  Furnish an undertaking secured by cash or approved
  1 18 sureties to pay all costs resulting to opposing parties to the
  1 19 action including a reasonable attorney fee.
  1 20    b.  Provide an amount representing a reasonable attorney fee
  1 21 to the court, which the court shall dispense to the opposing
  1 22 parties to defend the action.
  1 23    2.  If the party who commenced the action prevails, and had
  1 24 paid attorney fees under section 1, subsection "b", the court
  1 25 shall order the parties who received such attorney fees to
  1 26 repay the party who commenced the action in the same amount, in
  1 27 addition to any other recovery ordered by the court.
  1 28                           EXPLANATION
  1 29 The inclusion of this explanation does not constitute agreement with
  1 30 the explanation's substance by the members of the general assembly.
  1 31    This bill relates to frivolous actions and attorney fees.
  1 32    Under current law, if a party who commences an action
  1 33 has unsuccessfully prosecuted three or more actions in the
  1 34 preceding five=year period and the court deems those actions
  1 35 to be frivolous, the court may stay the proceeding until the
  2  1 party commencing the action has furnished security in cash or
  2  2 sureties to pay all costs resulting to opposing parties to the
  2  3 action, including a reasonable attorney fee.
  2  4    The bill amends current law to also allow a court to stay
  2  5 a proceeding if the court deems the current action to be
  2  6 frivolous.
  2  7    The bill provides that if the court has deemed the previously
  2  8 filed actions or the current action to be frivolous, in
  2  9 addition to the current option to require the party commencing
  2 10 the action to furnish security to pay all costs resulting to
  2 11 opposing parties to the action, including a reasonable attorney
  2 12 fee, the court may require the party commencing the action to
  2 13 pay an amount representing a reasonable attorney fee for the
  2 14 opposing parties to use to defend the action. If the court
  2 15 orders the party who commenced the action to pay an amount
  2 16 representing a reasonable attorney fee to the opposing parties
  2 17 to use to defend the action and the party who commenced the
  2 18 action ultimately prevails in the action, then the opposing
  2 19 parties shall repay the amount representing the attorney fee,
  2 20 in addition to any other recovery to which such party is
  2 21 entitled.
  2 22    The bill makes conforming changes.
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