Bill Text: IA HF441 | 2011-2012 | 84th 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) 2011-12-31 - END OF 2011 ACTIONS [HF441 Detail]
Download: Iowa-2011-HF441-Introduced.html
House
File
441
-
Introduced
HOUSE
FILE
441
BY
ALONS
A
BILL
FOR
An
Act
relating
to
a
general
assembly
member’s
right
to
1
intervene
in
a
court
action
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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441
Section
1.
NEW
SECTION
.
613.22
Intervention
rights
——
1
general
assembly.
2
1.
In
any
court
action
in
which
the
constitutionality,
3
legality,
or
interpretation
of
a
statute
is
at
issue,
a
member
4
or
members
of
the
general
assembly
shall
have
an
unconditional
5
right
to
intervene
as
a
party
in
the
action
and
shall
be
deemed
6
to
have
proper
standing
in
the
action.
7
2.
A
member
or
members
of
the
general
assembly
desiring
8
to
intervene
shall
have
an
unconditional
right
to
intervene
9
as
a
party,
and
any
subsequent
member
or
members
shall
have
a
10
conditional
right
to
intervene.
11
3.
The
only
defense
that
may
be
raised
to
a
motion
to
12
intervene
as
of
right
under
this
section
is
that
the
proposed
13
intervenor
does
not
have
a
good
faith
intention
to
defend
the
14
law.
Any
party
or
proposed
intervenor
may
raise
this
defense.
15
4.
A
member
or
members
of
the
general
assembly
may
request
16
to
be
represented
by
the
attorney
general,
if
the
attorney
17
general
is
not
already
representing
a
party
to
the
action.
If
18
the
member
or
members
of
the
general
assembly
engage
a
private
19
attorney,
no
public
moneys
shall
be
expended
for
attorney
fees.
20
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
21
immediate
importance,
takes
effect
upon
enactment.
22
Sec.
3.
APPLICABILITY.
This
Act
applies
to
actions
pending
23
or
filed
on
or
after
the
effective
date
of
this
Act.
24
EXPLANATION
25
This
bill
relates
to
a
general
assembly
member’s
right
to
26
intervene
in
a
court
action.
27
The
bill
provides
that
in
any
court
action
in
which
the
28
constitutionality,
legality,
or
interpretation
of
a
statute
is
29
at
issue,
a
member
or
members
of
the
general
assembly
shall
30
have
an
unconditional
right
to
intervene
as
a
party
in
the
31
action
and
shall
be
deemed
to
have
proper
standing
in
the
32
action.
33
The
bill
provides
that
a
member
or
members
of
the
general
34
assembly
desiring
to
intervene
shall
have
an
unconditional
35
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84
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2
H.F.
441
right
to
intervene
as
a
party
and
any
subsequent
member
or
1
group
of
members
shall
have
a
conditional
right
to
intervene.
2
The
bill
provides
that
the
only
defense
that
may
be
raised
3
to
a
motion
to
intervene
as
of
right
under
the
bill
is
that
4
the
proposed
intervenor
does
not
have
a
good
faith
intention
5
to
defend
the
law.
6
The
bill
allows
the
member
or
members
of
the
general
assembly
7
to
request
to
be
represented
by
the
attorney
general
if
the
8
attorney
general
is
not
already
representing
a
party
to
the
9
action.
If
the
member
or
members
of
the
general
assembly
10
engage
a
private
attorney,
no
public
moneys
shall
be
expended
11
for
attorney
fees.
12
The
bill
takes
effect
upon
enactment
and
applies
to
actions
13
pending
or
filed
on
or
after
the
effective
date
of
the
bill.
14
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1586YH
(5)
84
rh/rj
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2
