House File 786 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 190)


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

                                      A BILL FOR

  1 An Act relating to a civil judgment, decree, or order of a court
  2    of a federally recognized Indian tribe and including an
  3    applicability provision.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2001HV 82
  6 rh/gg/14

PAG LIN



  1  1    Section 1.  Section 626A.1, Code 2007, is amended to read
  1  2 as follows:
  1  3    626A.1  DEFINITION.
  1  4    As used in this chapter unless the context otherwise
  1  5 requires, "foreign judgment" means a judgment, decree, or
  1  6 order of a court of the United States, a court of a federally
  1  7 recognized Indian tribe provided the cause of action accrued
  1  8 on or after the effective date of this Act, or of any other
  1  9 court which is entitled to full faith and credit in this
  1 10 state.
  1 11    Sec. 2.  APPLICABILITY.  This Act applies to judgments,
  1 12 decrees, and orders of a federally recognized Indian tribe
  1 13 relating to causes of action accruing on or after the
  1 14 effective date of this Act.  This Act shall not be construed
  1 15 to diminish or increase any right under statutory or common
  1 16 law to seek or obtain the enforcement of judgments, decrees,
  1 17 and orders of a federally recognized Indian tribe relating to
  1 18 causes of action accruing before the effective date of this
  1 19 Act.
  1 20                           EXPLANATION
  1 21    This bill relates to a civil judgment, decree, or order of
  1 22 a court of a federally recognized Indian tribe.
  1 23    The bill provides that a civil judgment, decree, or order
  1 24 issued by a federally recognized Indian tribe that is based
  1 25 upon a cause of action that accrued on or after the effective
  1 26 date of the bill, may be recognized and enforced in the same
  1 27 manner as a judgment, decree, or order of a district court of
  1 28 this state, subject to the requirements of Code Chapter 626A,
  1 29 Iowa's uniform enforcement of foreign judgments Act.
  1 30    The bill applies to judgments, decrees, and orders of a
  1 31 federally recognized Indian tribe relating to causes of action
  1 32 accruing on or after the effective date of the bill.  The bill
  1 33 shall not be construed to diminish or increase any right under
  1 34 statutory or common law to seek or obtain the enforcement of
  1 35 judgments, decrees, and orders of a federally recognized
  2  1 Indian tribe relating to causes of action accruing before the
  2  2 effective date of the bill.
  2  3 LSB 2001HV 82
  2  4 rh:rj/gg/14