House Study Bill 207 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WAGNER) A BILL FOR An Act relating to actions against counties and cities. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2727YC (2) 84 rh/sc
H.F. _____ Section 1. NEW SECTION . 613.22 Action against political 1 subdivision. 2 1. Notwithstanding any other provision of the law to the 3 contrary, any person may file an action against a political 4 subdivision if the person is a resident of the political 5 subdivision and if the action is based upon a conflict 6 between state law and any ordinance, motion, resolution, 7 amendment, regulation, or rule of the political subdivision. 8 Any ordinance, motion, resolution, amendment, regulation, 9 or rule adopted by a political subdivision that is declared 10 by the court to be in conflict with state law is void and 11 unenforceable and any enforcement activity conducted in 12 violation of the state law is void. 13 2. For purposes of this section, “political subdivision” 14 means any county or city. 15 EXPLANATION 16 This bill allows any person to file an action against 17 a political subdivision if the person is a resident of 18 the political subdivision and if the action is based upon 19 a conflict between state law and any ordinance, motion, 20 resolution, amendment, regulation, or rule of the political 21 subdivision. Any ordinance, motion, resolution, amendment, 22 regulation, or rule adopted by a political subdivision 23 declared by the court to be in conflict with state law is 24 void and unenforceable. For purposes of the bill, “political 25 subdivision” means any county or city. 26 Current law in Iowa requires a prospective plaintiff to have 27 suffered some direct or substantial injury or to be likely to 28 suffer such an injury in order to have standing in a lawsuit. 29 -1- LSB 2727YC (2) 84 rh/sc 1/ 1