Bill Text: IA SSB3181 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act regarding legislative oversight of supreme court decisions, and including applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-17 - Subcommittee: Garrett, Bisignano, and Whiting. [SSB3181 Detail]
Download: Iowa-2019-SSB3181-Introduced.html
Senate
Study
Bill
3181
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
regarding
legislative
oversight
of
supreme
court
1
decisions,
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
602.1615
Legislative
findings
——
1
challenges
to
the
validity
of
a
statute
——
exclusive
jurisdiction
2
——
public
hearings
——
legislative
oversight.
1.
The
general
assembly
finds
and
declares
all
of
the
4
following:
5
a.
The
power
to
impeach
subsumes
reasonable
less
severe
6
remedies.
7
b.
The
intent
of
this
section
is
to
provide
for
a
mechanism
8
in
which
to
resolve
disputes
regarding
the
constitutionality
of
9
laws
between
the
courts
and
the
legislature,
both
of
which
are
10
composed
of
constitutional
scholars.
11
c.
Article
5,
section
4
of
the
Constitution
of
the
State
12
of
Iowa
states
that
the
supreme
court
is
“a
court
for
the
13
correction
of
errors
at
law,
under
such
restriction
as
the
14
general
assembly
may,
by
law,
prescribe
.
.
.”.
15
d.
Article
3,
section
20
of
the
Constitution
of
the
State
16
of
Iowa
gives
the
legislature
the
power
to
impeach
judges
for
17
“malfeasance
in
office”,
which
is
generally
defined
to
include
18
acting
without
authority
and
abusing
power.
The
power
to
19
impeach
subsumes
all
lesser
remedies.
20
e.
The
Constitution
of
the
State
of
Iowa
does
not
give
the
21
courts
of
this
state
the
power
to
invalidate
laws
enacted
by
22
the
legislature,
to
require
the
legislature
to
enact
different
23
laws,
or
to
publish
rulings
that
have
the
same
effect
as
new
24
legislation.
Article
3,
section
1
of
the
Constitution
of
25
the
State
of
Iowa
states:
“The
powers
of
the
government
of
26
Iowa
shall
be
divided
into
three
separate
departments
——
the
27
legislative,
the
executive,
and
the
judicial:
and
no
person
28
charged
with
the
exercise
of
powers
properly
belonging
to
one
29
of
these
departments
shall
exercise
any
function
appertaining
30
to
either
of
the
others,
except
in
cases
hereinafter
expressly
31
directed
or
permitted”.
32
f.
Although
the
courts
of
Iowa
have
usurped
those
powers
33
without
constitutional
authority,
it
has
been
done
for
reasons
34
which
the
general
assembly
respects.
The
general
assembly
35
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welcomes
the
expertise
and
guidance
of
the
courts
in
evaluating
1
the
constitutionality
of
its
laws.
But
when
the
reasoning
of
2
rulings
which
function
as
legislation
appears
to
be
not
only
3
unsound,
but
unconstitutional,
the
general
assembly
has
the
4
constitutional
duty
and
authority
to
determine
that
judges
and
5
justices
have
abused
their
power
and
exceeded
their
authority,
6
which
are
grounds
for
impeachment
under
the
malfeasance
in
7
office
clause.
8
g.
A
remedy
short
of
impeachment
should
advance
wisdom,
9
build
consensus,
and
educate
voters
so
that
informed
voters
10
may
hold
both
judges
and
legislators
accountable.
Article
1,
11
section
2
of
the
Constitution
of
the
State
of
Iowa
states:
12
“All
political
power
is
inherent
in
the
people.
Government
is
13
instituted
for
the
protection,
security,
and
benefit
of
the
14
people,
and
they
have
the
right,
at
all
times,
to
alter
or
15
reform
the
same,
whenever
the
public
good
may
require
it”.
16
2.
The
supreme
court
shall
have
discretionary
and
exclusive
17
original
jurisdiction
over
any
challenge
to
any
law.
A
18
district
court
or
the
court
of
appeals
shall
not
invalidate
a
19
law
on
any
grounds.
20
3.
A
decision
of
the
supreme
court
that
invalidates
21
existing
law
or
has
the
effect
of
creating
new
law
shall
not
22
have
any
effect
unless
agreed
to
by
five
or
more
of
the
seven
23
justices,
and
otherwise
shall
not
have
any
effect
for
one
24
year.
The
supreme
court
shall
also
have
the
power
to
suspend
25
implementation
of
a
new
law
provided
the
supreme
court
produces
26
an
expedited
ruling
within
three
months
of
the
law’s
enactment.
27
4.
a.
Within
one
year
of
the
date
a
supreme
court
decision
28
is
published
that
invalidates
existing
law
or
has
the
effect
29
of
creating
new
law,
the
general
assembly
may,
by
resolution,
30
compel
the
attendance
of
specified
justices
to
a
public
hearing
31
to
discuss
and
debate
the
justification
for
the
decision
with
32
members
of
the
general
assembly.
A
public
record
of
the
33
hearing
shall
be
made.
34
b.
During
or
after
the
hearing,
the
general
assembly
shall
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determine
if
grounds
to
begin
impeachment
exist
as
to
any
1
of
the
justices
present
at
the
hearing
for
acting
without
2
authority
or
malfeasance
in
office.
3
c.
Based
on
the
results
of
a
hearing
commenced
pursuant
to
4
this
subsection,
a
justice
whose
presence
was
required
at
the
5
hearing
may
change
the
justice’s
vote
or
alter
the
justice’s
6
individual
contribution
to
the
decision.
7
5.
A
supreme
court
decision
invalidating
existing
law
or
8
having
the
effect
of
creating
new
law
will
not
take
effect
if
9
two-thirds
of
both
the
senate
and
the
house
of
representatives
10
approve
a
resolution
to
overturn
the
decision
within
one
year
11
of
the
date
the
decision
was
published.
The
resolution
must
12
specify
the
basis
for
overturning
the
decision,
including
13
its
reasoning,
not
to
be
limited
by
court
precedent
that
is
14
responsive
to
the
supreme
court’s
initial
published
decision,
15
and
must
be
documented
by
expert
testimony
and
constitutional
16
authority.
17
6.
The
general
assembly
may
issue
its
own
statement
to
a
18
published
supreme
court
decision
that
invalidates
existing
law
19
or
has
the
effect
of
creating
new
law
if
done
within
one
year
of
20
the
date
the
decision
was
published.
The
statement
must
regard
21
the
constitutionality
of
the
invalidated
existing
law
or
the
22
newly
created
law.
23
Sec.
2.
APPLICABILITY.
This
Act
applies
to
decisions
24
published
by
the
supreme
court
on
or
after
the
effective
date
25
of
this
Act.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
gives
the
supreme
court
discretionary
and
30
exclusive
jurisdiction
over
any
challenge
to
any
law
and
31
provides
that
district
courts
and
the
court
of
appeals
shall
32
not
invalidate
a
law
on
any
grounds.
33
The
bill
includes
legislative
findings
relating
to
34
the
powers
of
the
supreme
court,
and
the
supreme
court’s
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relationship
with
the
legislative
branch.
1
The
bill
provides
that
any
decision
of
the
supreme
court
that
2
invalidates
existing
law
or
has
the
effect
of
creating
a
new
3
law
does
not
have
any
effect
unless
agreed
to
by
five
or
more
of
4
the
seven
justices,
and
otherwise
does
not
have
any
effect
for
5
one
year.
The
supreme
court
may
also
suspend
implementation
6
of
a
new
law
if
it
produces
an
expedited
ruling
within
three
7
months
of
the
law’s
enactment.
8
The
bill
provides
that,
if
within
one
year
of
the
date
a
9
supreme
court
decision
is
rendered
that
invalidates
existing
10
law
or
has
the
effect
of
creating
new
law,
the
general
assembly
11
may
hold
a
public
hearing
and
compel
the
attendance
of
justices
12
to
justify
the
decision.
13
Based
on
the
results
of
the
hearing,
a
justice
present
at
the
14
hearing
may
change
the
justice’s
vote
or
alter
the
justice’s
15
individual
contribution
to
a
decision
that
invalidates
existing
16
law
or
has
the
effect
of
creating
a
new
law
if
done
before
that
17
decision
takes
effect.
18
Lastly,
the
bill
provides
that
a
supreme
court
decision
19
that
invalidates
existing
law
or
has
the
effect
of
creating
20
new
law
will
not
take
effect
if
two-thirds
of
both
the
senate
21
and
the
house
of
representatives
approves
of
a
resolution
22
to
overturn
the
decision
within
one
year
of
the
date
the
23
decision
was
published.
The
general
assembly
may
also
issue
24
its
own
statement
to
a
published
supreme
court
decision
that
25
invalidates
existing
law
or
has
the
effect
of
creating
new
26
law
if
issued
within
one
year
of
the
date
the
decision
was
27
published,
which
must
regard
the
constitutionality
of
the
28
invalidated
existing
law
or
newly
created
law.
29
The
bill
applies
to
decisions
published
by
the
supreme
court
30
on
or
after
the
effective
date
of
the
bill.
31
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