Bills › 89th General Assembly
Relating to a general assembly member’s right to intervene in a court action and including effective date and applicability provisions
Topics:Courts & civil law
Where it is now
- Done: IntroducedJanuary 26, 2022
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to a general assembly member’s right to intervene in a court action. The bill provides that in any court action in which the constitutionality, legality, or interpretation of a statute is at issue, a member or members of the general assembly shall have an unconditional right to intervene as a party in the action and shall be deemed to have proper standing in the action. The bill provides that a member or members of the general assembly desiring to intervene shall have an unconditional right to intervene as a party and any subsequent member or group of members shall have a conditional right to intervene.
Read the full explanation
The bill provides that the only defense that may be raised to a motion to intervene as of right under the bill is that the proposed intervenor does not have a good faith intention to defend the law. The bill allows the member or members of the general assembly to request to be represented by the attorney general if the attorney general is not already representing a party to the action. If the member or members of the general assembly engage a private attorney, no public moneys shall be expended for attorney fees. The bill takes effect upon enactment and applies to actions pending or filed on or after the effective date of the bill.