Our Legislative Program

Our Legislative Program

Picture of Iowa Capital RotundaOne of the most important things The Iowa State Bar Association does each year is represent its members at the Iowa Statehouse during the legislative session. The association speaks with a unified voice to best represent the interests of the legal community and the profession of law.

The Board of Governors works with section and committee leadership on a wide variety of issues and policy decisions important to the legal profession, the general public, and the justice system. The Board adopts public policy positions on behalf of the entire organization, consistent with the ISBA's mission.

The ISBA annually monitors approximately 400 legislative bills.  You can see the complete list of bills being monitored here.  Below we have outlined those items that are part of our ISBA Affirmative Legislation Program.

After reviewing these bills please email your comments to our legislative team at legislative@iowabar.org.

ISBA Affirmative Legislation

Bill # SSB 3037/ HSB 538

Subject:
Business Law

Uniform Protected Series Act Clean-Up

 

Corrective Provisions to the Uniform Protected Series Act that passed last year, that provides a comprehensive framework for the formation and operation of a protected series limited liability company. To amend the Iowa Uniform Protected Series Act (UPSA) [SF569] to add section 489.14801 that will read, “In applying and construing the Iowa Uniform Protected Series Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Protected Series Act.”

Bill Status

Senate: Subcommittee meeting scheduled for 12:30 on 1/28/20 with Senators Whiting, Hogg and Sinclair.

House: Assigned to a subcommittee of Representatives Jones, Paustian and Wilburn

   
Bill # SSB 3029/ HSB 529

Subject:
Business Law

Registered Agent Clean-up
 

The proposal deals with the effective date of resignation by a registered agent of (1) a corporation and also (2) other business entities. The MBCA 4th edition makes the resignation effective “on the earlier of (1) 12:01 a.m. on the 31st day after the day on which it is filed by the secretary of state; or (2) the designation of a new registered agent for the corporation.” That will change current Iowa corporate law (§490.503), which makes the resignation effective immediately upon filing by the secretary of state, but the change is consistent with current Iowa law for limited liability partnerships (§ 486A.1213) and cooperative associations (§ 499.74). It is not consistent, however, with the law for limited partnerships (§ 488.116), limited liability companies (§ 489.116), unincorporated nonprofit associations (§ 501B.11(4), and nonprofit corporations (§ 504.503), for all of which the agent’s resignation is effective immediately upon filing by the Secretary of State

Senate: Subcommittee meeting scheduled for 4:30 on 1/27/20 with Senators Whiting, Hogg and Sweeney

House: Assigned to a subcommittee of Representatives Hagenow, Gustafson and B. Meyer

   

Bill # HSB 20/ SF 604

Subject:
Probate & Trust Law

Calculation of Probate Court Costs

 

Iowa Code §633.31 is currently being applied inconsistently throughout the state. There are now several district court cases declaring the clerks in at least six counties to be calculating court fees inappropriately.  The bill addresses how the clerk of probate court determines and collects charges in connection with services provided in probate matters.  Excludes from the determination of court fees property over which the court lacks probate jurisdiction and for which the clerk renders no services.

HSB 20 – subcommittee recommends passage 2019 Session

SF 604 Unanimously Passed Senate 50-0 now in House Ways & Means.


 

Bill # SSB 3038

Subjects:
Probate & Trust Law
Family Law

Guardianship & Conservatorship Update

 

Proposed changes to HF 610 & HF 591 to “fix” technical errors and substantive issues with the legislation that passed last year.

Senate: Assigned to the Subcommittee of Senators Dawson, Schultz, and Bisignano.

House: In Drafting


 
 

Business Law

Uniform Model Corporations Act

 Along with thirty-three other States and the District of Columbia, Iowa has generally followed the Model Business Corporation Act in enacting the law governing business corporations.  It is substantively sound and well drafted, and it offers benefits to Iowa courts, practitioners, and businesses on account of its widespread adoption, court interpretations (although non-binding), and useful Official Comments.  In December 2016 the ABA Corporate Laws Committee published a 4th Edition of the MBCA.  The 4th Edition amends the MBCA in various substantive ways.  It also represents in part a restatement of the MBCA to include amendments approved since publication of the 3rd Edition; and in recognition of continuing developments in the law, the 4th Edition integrates the MBCA with the law governing unincorporated business associations such as LLCS.  Finally, some changes were made simply to improve clarity.

In Drafting in the House

In Drafting in the Senate

 
    Last updated 1-28-20



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISBA Position Papers

The Iowa State Bar Association takes legislative positions on general policy items of importance to the legal profession. The following are guiding principles for the ISBA's public policy positions. Specific examples of issues which fall under those guiding principles are also included.


If you have any questions, please contact our legislative team.





ISBA Standing Positions


Legislative Resources

LawPAC

ISBA Legislative Counsel

Jim Carney
Legislative Counsel
(515) 689-3189
(email)

Doug Struyk
Assistant Legislative Counsel
(402) 510-1576
(email)


Jenny Dorman
Assistant Legislative Counsel
(515) 282-6803
(email)