Senate Concurrent Resolution 102 PAG LIN 1 1 SENATE CONCURRENT RESOLUTION NO. ___ 1 2 BY GRONSTAL, KIBBIE, McCOY, COURTNEY, RAGAN, HATCH, 1 3 DOTZLER, SENG, BOLKCOM, WARNSTADT, KREIMAN, 1 4 QUIRMBACH, BEALL, STEWART, DVORSKY, CONNOLLY, FRAISE, 1 5 HORN, DEARDEN, BLACK, and HOLVECK 1 6 A Concurrent Resolution requiring the House Speaker 1 7 and Senate Majority Leader to cease the litigation 1 8 against the Governor regarding certain item vetoes of 1 9 legislation. 1 10 WHEREAS, the Iowa Legislative Council, on June 30, 1 11 2003, authorized the retention and compensation of an 1 12 attorney to provide legal and litigation services to 1 13 the Legislative Council to challenge the Governor's 1 14 exercise of the item veto authority with respect to 1 15 legislation passed by the Iowa General Assembly during 1 16 the 2003 Regular and Extraordinary Sessions; and 1 17 WHEREAS, Representative Christopher C. Rants and 1 18 Senator Stewart E. Iverson, Jr., individually, and as 1 19 members of the House of Representatives and Senate, 1 20 respectively, and as Speaker of the House of 1 21 Representatives and Majority Leader of the Senate, 1 22 respectively, of the Eightieth General Assembly of the 1 23 State of Iowa, and as Chairperson and Vice Chairperson 1 24 of the Iowa Legislative Council, respectively, filed a 1 25 declaratory judgment action on July 30, 2003, seeking 1 26 a judgment that Governor Thomas J. Vilsack's item 1 27 vetoes of certain provisions in House File 692 were 1 28 unconstitutional; and 1 29 WHEREAS, Plaintiffs Rants and Iverson and Defendant 1 30 Vilsack filed cross=motions for summary judgment which 2 1 were heard on October 31, 2003; and 2 2 WHEREAS, the Honorable Don C. Nickerson, Judge of 2 3 the Fifth District Court in Polk County, Iowa, on 2 4 December 1, 2003, entered an order denying the 2 5 plaintiffs' motion for summary judgment, and granting 2 6 the defendant's motion for summary judgment; and 2 7 WHEREAS, the plaintiffs filed an appeal of Judge 2 8 Nickerson's order on December 8, 2003, with the Iowa 2 9 Supreme Court; and 2 10 WHEREAS, this appeal is not well=advised and could 2 11 detrimentally affect the relationship of the Executive 2 12 Branch and the Legislative Branch with respect to the 2 13 Governor's exercise of the item veto authority 2 14 contained in Article III, section 16, of the 2 15 Constitution of the State of Iowa; NOW THEREFORE, 2 16 BE IT RESOLVED BY THE SENATE, THE HOUSE OF 2 17 REPRESENTATIVES CONCURRING, That House Speaker Rants 2 18 and Senate Majority Leader Iverson shall provide 2 19 direction to the attorney retained to pursue this item 2 20 veto litigation to immediately cease further legal and 2 21 litigation activities and on behalf of the plaintiffs 2 22 to withdraw the appeal of Judge Nickerson's order to 2 23 the Iowa Supreme Court; and 2 24 BE IT FURTHER RESOLVED, That Speaker Rants and 2 25 Majority Leader Iverson shall provide direction to 2 26 those persons executing the Iowa Legislative Council's 2 27 authorization to compensate the retained attorney to 2 28 immediately cease compensating the retained attorney 2 29 for any legal or litigation services, other than the 2 30 withdrawal of the appeal, performed after the passage 3 1 of this resolution. 3 2 LSB 5871SS 80 3 3 rj/gg/14