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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
Text: SCR00101 Text: SCR00103 Text: SCR00100 - SCR00199 Text: SCR Index Bills and Amendments: General Index Bill History: General Index
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