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House File 191 - IntroducedA Bill ForAn Act 1relating to a general assembly member’s right to
2intervene in a court action and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 613.22 Intervention rights —
2general assembly.
31. In any court action in which the constitutionality,
4legality, or interpretation of a statute is at issue, a member
5or members of the general assembly shall have an unconditional
6right to intervene as a party in the action and shall be deemed
7to have proper standing in the action.
82. A member or members of the general assembly desiring
9to intervene shall have an unconditional right to intervene
10as a party, and any subsequent member or members shall have a
11conditional right to intervene.
123. The only defense that may be raised to a motion to
13intervene as of right under this section is that the proposed
14intervenor does not have a good faith intention to defend the
15law. Any party or proposed intervenor may raise this defense.
164. A member or members of the general assembly may request
17to be represented by the attorney general, if the attorney
18general is not already representing a party to the action. If
19the member or members of the general assembly engage a private
20attorney, no public moneys shall be expended for attorney fees.
21 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
22immediate importance, takes effect upon enactment.
23 Sec. 3. APPLICABILITY. This Act applies to actions pending
24or filed on or after the effective date of this Act.
25EXPLANATION
The inclusion of this explanation does not constitute agreement withthe explanation’s substance by the members of the general assembly. 26This bill relates to a general assembly member’s right to
27intervene in a court action.
28The bill provides that in any court action in which the
29constitutionality, legality, or interpretation of a statute is
30at issue, a member or members of the general assembly shall
31have an unconditional right to intervene as a party in the
32action and shall be deemed to have proper standing in the
33action.
34The bill provides that a member or members of the general
35assembly desiring to intervene shall have an unconditional
-1-1right to intervene as a party and any subsequent member or
2group of members shall have a conditional right to intervene.
3The bill provides that the only defense that may be raised
4to a motion to intervene as of right under the bill is that
5the proposed intervenor does not have a good faith intention
6to defend the law.
7The bill allows the member or members of the general assembly
8to request to be represented by the attorney general if the
9attorney general is not already representing a party to the
10action. If the member or members of the general assembly
11engage a private attorney, no public moneys shall be expended
12for attorney fees.
13The bill takes effect upon enactment and applies to actions
14pending or filed on or after the effective date of the bill.
-2-jh/rj
2intervene in a court action and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 613.22 Intervention rights —
2general assembly.
31. In any court action in which the constitutionality,
4legality, or interpretation of a statute is at issue, a member
5or members of the general assembly shall have an unconditional
6right to intervene as a party in the action and shall be deemed
7to have proper standing in the action.
82. A member or members of the general assembly desiring
9to intervene shall have an unconditional right to intervene
10as a party, and any subsequent member or members shall have a
11conditional right to intervene.
123. The only defense that may be raised to a motion to
13intervene as of right under this section is that the proposed
14intervenor does not have a good faith intention to defend the
15law. Any party or proposed intervenor may raise this defense.
164. A member or members of the general assembly may request
17to be represented by the attorney general, if the attorney
18general is not already representing a party to the action. If
19the member or members of the general assembly engage a private
20attorney, no public moneys shall be expended for attorney fees.
21 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
22immediate importance, takes effect upon enactment.
23 Sec. 3. APPLICABILITY. This Act applies to actions pending
24or filed on or after the effective date of this Act.
25EXPLANATION
The inclusion of this explanation does not constitute agreement withthe explanation’s substance by the members of the general assembly. 26This bill relates to a general assembly member’s right to
27intervene in a court action.
28The bill provides that in any court action in which the
29constitutionality, legality, or interpretation of a statute is
30at issue, a member or members of the general assembly shall
31have an unconditional right to intervene as a party in the
32action and shall be deemed to have proper standing in the
33action.
34The bill provides that a member or members of the general
35assembly desiring to intervene shall have an unconditional
-1-1right to intervene as a party and any subsequent member or
2group of members shall have a conditional right to intervene.
3The bill provides that the only defense that may be raised
4to a motion to intervene as of right under the bill is that
5the proposed intervenor does not have a good faith intention
6to defend the law.
7The bill allows the member or members of the general assembly
8to request to be represented by the attorney general if the
9attorney general is not already representing a party to the
10action. If the member or members of the general assembly
11engage a private attorney, no public moneys shall be expended
12for attorney fees.
13The bill takes effect upon enactment and applies to actions
14pending or filed on or after the effective date of the bill.
-2-jh/rj