House File 191 - Introduced HOUSE FILE 191 BY WHEELER 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 TLSB 2033YH (2) 87 jh/rj

H.F. 191 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 The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. 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 -1- LSB 2033YH (2) 87 jh/rj 1/ 2

H.F. 191 The bill provides that a member or members of the general 34 assembly desiring to intervene shall have an unconditional 35 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 -2- LSB 2033YH (2) 87 jh/rj 2/ 2