HF 315 (LSB 1507YH (4) 88)

HOUSE FILE 315

BY  SALMON, BAXTER, WHEELER, OSMUNDSON, and FISHER

A BILL FOR

An Act relating to the proper parties in an action, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  613.3  Actions —— proper parties.
   1.  All parties to an action must be one of the following:
   a.  Human persons.
   b.  Entities legally recognized as persons under section 4.1, subsection 20.
   2.  A non-human person except for legal entities recognized as persons under section 4.1, subsection 20, shall not be a party or nominal party to an action, including but not limited to any of the following:
   a.  Animal.
   b.  Vegetable.
   c.  Mineral.
   d.  Topographic feature.
   3.  A person shall not claim to act as a representative for a party or class of parties not specifically authorized under subsection 1.
   4.  A court shall not have jurisdiction to adjudicate alleged rights of a party or class of parties not specifically authorized under subsection 1.
   5.  a.  A person taking action in a court who purports to represent or act on behalf of any party who is barred by subsection 2 commits both a public offense and a contempt of court.
   b.  A person who violates paragraph “a” shall be punished in one of the following ways:
   (1)  By being held in contempt of court under section 665.4.
   (2)  Upon conviction, as a public offense. For the first offense, the person commits a serious misdemeanor. For the second offense, the person commits an aggravated misdemeanor. For the third or subsequent offense, the person commits a class “D” felony.
EXPLANATION
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 the proper parties in actions, by providing that only persons may sue or be sued. The bill provides that all parties to an action must be either human persons or entities legally recognized as persons under Code section 4.1(20). The bill provides that a party to an action may not be a non-human, except for legal entities recognized as persons under Code section 4.1, subsection 20, including but not limited to an animal, a vegetable, a mineral, or a topographic feature. The bill provides that a person shall not claim to act as a party representative for a party or class of parties that are neither human persons nor entities legally recognized as persons under Code section 4.1(20). The bill provides that a court shall not have jurisdiction to adjudicate alleged rights of a party or class of parties that are neither human persons nor entities legally recognized as persons under Code section 4.1(20). The bill provides that a person taking action in a court who purports to represent or act on behalf of any party who is barred by the bill commits both a public offense and a contempt of court and shall be punished either by being held in contempt or, upon conviction, as a public offense. If it is the person’s first offense, a violation is a serious misdemeanor; if it is the person’s second offense, a violation is an aggravated misdemeanor; if it is the person’s third or subsequent offense, a violation is a class “D” felony. 
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.