Iowa 2019-2020 Regular Session Status: Enacted

SF 379 — A bill for an act relating to qualifications to practice law in Iowa and regulation of persons admitted to practice law in a jurisdiction of the United States other than Iowa. (Formerly SSB 1069.) Effective 7-1-19.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2019. Enacted.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

High

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Bill Text

What changed in the latest version

19 added · 44 removed

19 line(s) added, 44 removed.

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Senate File 379 - Introduced SENATE FILE 379 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1069) (COMPANION TO HF 322 BY COMMITTEE ON JUDICIARY) A BILL FOR An Act relating to qualifications to practice law in Iowa and regulation of persons admitted to practice law in a jurisdiction of the United States other than Iowa.
Senate File 379 - Enrolled Senate File 379 AN ACT RELATING TO QUALIFICATIONS TO PRACTICE LAW IN IOWA AND REGULATION OF PERSONS ADMITTED TO PRACTICE LAW IN A JURISDICTION OF THE UNITED STATES OTHER THAN IOWA.
TLSB 1261SV (1) 88 asf/jh S.F.
Section 1.
379 Section 1.
Sec.
Senate File 379, p.
2 Sec.
The teaching of law as a full-time instructor in a recognized law school in this state or some other state shall for the purpose of this section LSB 1261SV (1) 88 -1- asf/jh 1/3 S.F.
The teaching of law as a full-time instructor in a recognized law school in this state or some other state shall for the purpose of this section be deemed the practice of law.
379 be deemed the practice of law.
provided that at the time the attorney enters an appearance the attorney files with the clerk of such court the written appointment of some attorney resident and admitted to practice in the state of Iowa, upon whom service may be had in all matters connected with said action, with the same effect as if personally made on such foreign attorney within this state.
provided that at the time the attorney enters an appearance the attorney files with the clerk of such court the written appointment of some attorney resident and admitted to practice in the state of Iowa, upon whom service may be had in all matters connected with said action, with the same effect as if personally made on Senate File 379, p.
3 such foreign attorney within this state.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
______________________________ ______________________________ CHARLES SCHNEIDER LINDA UPMEYER President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 379, Eighty-eighth General Assembly.
This bill removes the requirement that an applicant for admission to practice law (be admitted to the bar) in Iowa be a resident of Iowa.
______________________________ W.
The bill, in part, is a response to the United States Supreme Court’s decision in Supreme Court of New Hampshire v.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2019 ______________________________ KIM REYNOLDS Governor
Piper, 470 U.S.
274 (1985).
That case held that a state residency requirement to be admitted to the bar violated LSB 1261SV (1) 88 -2- asf/jh 2/3 S.F.
379 the Privileges and Immunities Clause of the United States Constitution.
The bill provides that people who are qualified to be admitted to practice law in Iowa at the discretion of the court include not only persons who have been admitted to the bars of any other state or the District of Columbia but also a territory of the United States.
Finally, the bill provides that an out-of-state attorney admitted to the bar of the District of Columbia or a territory of the United States may apply to appear pro hac vice in an Iowa case and removes the requirement that the local attorney be a resident of Iowa;
however, it maintains the requirement that the local attorney be admitted to practice law in the state of Iowa.
LSB 1261SV (1) 88 -3- asf/jh 3/3
View plain text versions (2)

Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  3. Message from House.

  4. Immediate message.

  5. Passed House, yeas 96 nays none.

  6. Substituted for HF 322.

  7. Read first time, passed on file.

  8. Message from Senate.

  9. Immediate message.

  10. Passed Senate, yeas 48, nays 0.

  11. Placed on calendar under unfinished business.

  12. Committee report, approving bill.

  13. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What is the current status of SF 379?
This bill has been enacted into law. Introduced February 26, 2019. Enacted.
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