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