House File 144 



                                       HOUSE FILE       
                                       BY  TYMESON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to county attorney representation of township
  2    trustees.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2000HH 82
  5 eg/je/5

PAG LIN



  1  1    Section 1.  Section 331.756, subsection 64, Code 2007, is
  1  2 amended to read as follows:
  1  3    64.  Represent the township trustees in counties having a
  1  4 population of less than twenty=five thousand the county except
  1  5 when the interests of the trustees and the county are adverse
  1  6 as provided in section 359.18.
  1  7    Sec. 2.  Section 359.18, Code 2007, is amended to read as
  1  8 follows:
  1  9    359.18  COUNTY ATTORNEY AS COUNSEL.
  1 10    In counties having a population of less than twenty=five
  1 11 thousand, a county where the trustees institute, or are made
  1 12 parties to, litigation in connection with the performance of
  1 13 their duties, as provided in this chapter, the county
  1 14 attorney, as a part of the county attorney's official duties,
  1 15 shall appear in behalf of the township trustees, except in
  1 16 cases in which the interests of the county and those of the
  1 17 trustees are adverse.
  1 18    Sec. 3.  Section 359.19, Code 2007, is amended to read as
  1 19 follows:
  1 20    359.19  EMPLOYMENT OF COUNSEL.
  1 21    When litigation shall arise in any case not covered by
  1 22 section 359.18 in which the interests of the county and those
  1 23 of the trustees are adverse, involving the right or duty of
  1 24 township trustees with reference to any matter within their
  1 25 jurisdiction, and the trustees become or are made parties to
  1 26 such litigation, they shall have authority to employ attorneys
  1 27 in behalf of said the township, and to levy the necessary tax
  1 28 to pay for their services, and to defray the expenses of such
  1 29 litigation.
  1 30                           EXPLANATION
  1 31    This bill requires that, in every county, the county
  1 32 attorney represent the township trustees except when the
  1 33 interests of the county and those of the trustees are adverse.
  1 34    Under current law, in a county having a population of more
  1 35 than 25,000, the county attorney is not required to represent
  2  1 the trustees, and, pursuant to Code section 359.19, the
  2  2 trustees may employ a private attorney and levy a tax to pay
  2  3 for the legal services.
  2  4 LSB 2000HH 82
  2  5 eg:sc/je/5