One 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 firstname.lastname@example.org.
ISBA Affirmative Legislation
Bill # SSB 3037/ HSB 538
Uniform Protected Series Act Clean-Up
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.”
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
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|Bill # SSB 3029/ HSB 529|
Subject: Registered Agent Clean-up
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
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Bill # HSB 20/ SF 604
Probate & Trust Law
Calculation of Probate Court Costs
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
Probate & Trust Law
Guardianship & Conservatorship Update
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
Uniform Model Corporations Act
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
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