House
File
109
-
Introduced
HOUSE
FILE
109
BY
SALMON
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:
3
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109
Section
1.
NEW
SECTION
.
602.1615
Challenges
to
the
validity
1
of
a
statute
——
exclusive
jurisdiction
——
public
hearings
——
2
legislative
oversight.
3
1.
The
supreme
court
shall
have
discretionary
and
exclusive
4
original
jurisdiction
over
any
challenge
to
any
law.
A
5
decision
of
the
supreme
court
that
invalidates
existing
law
or
6
has
the
effect
of
creating
new
law
shall
not
have
any
effect
7
for
one
year
from
the
date
the
decision
was
published.
A
8
district
court
or
the
court
of
appeals
shall
not
invalidate
a
9
law
on
any
grounds.
10
2.
a.
Within
one
year
of
the
date
a
supreme
court
decision
11
is
published
that
invalidates
existing
law
or
has
the
effect
12
of
creating
new
law,
the
general
assembly
may,
by
resolution,
13
compel
the
attendance
of
specified
justices
to
a
public
hearing
14
to
discuss
and
debate
the
justification
for
the
decision
with
15
members
of
the
general
assembly.
A
public
record
of
the
16
hearing
shall
be
made.
17
b.
Based
on
the
results
of
a
hearing
commenced
pursuant
to
18
this
subsection,
a
justice
whose
presence
was
required
at
the
19
hearing
may
change
the
justice’s
vote
or
alter
the
justice’s
20
individual
contribution
to
the
decision.
21
3.
A
supreme
court
decision
invalidating
existing
law
or
22
having
the
effect
of
creating
new
law
will
not
take
effect
if
23
two-thirds
of
both
the
senate
and
the
house
of
representatives
24
approve
a
resolution
to
overturn
the
decision
within
one
year
25
of
the
date
the
decision
was
published.
The
resolution
must
26
specify
the
basis
for
overturning
the
decision,
including
27
its
reasoning,
not
to
be
limited
by
court
precedent
that
is
28
responsive
to
the
supreme
court’s
initial
published
decision.
29
Sec.
2.
APPLICABILITY.
This
Act
applies
to
decisions
30
published
by
the
supreme
court
on
or
after
the
effective
date
31
of
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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109
This
bill
gives
the
supreme
court
discretionary
and
1
exclusive
jurisdiction
over
any
challenge
to
any
law
and
2
provides
that
district
courts
and
the
court
of
appeals
shall
3
not
invalidate
a
law
on
any
grounds.
4
The
bill
provides
that
any
decision
of
the
supreme
court
that
5
invalidates
existing
law
or
has
the
effect
of
creating
a
new
6
law
does
not
have
any
effect
for
one
year.
7
The
bill
provides
that,
if
within
one
year
of
the
date
a
8
supreme
court
decision
is
rendered
that
invalidates
existing
9
law
or
has
the
effect
of
creating
new
law,
the
general
assembly
10
may
hold
a
public
hearing
and
compel
the
attendance
of
justices
11
to
justify
the
decision.
12
Based
on
the
results
of
the
hearing,
a
justice
present
at
the
13
hearing
may
change
the
justice’s
vote
or
alter
the
justice’s
14
individual
contribution
to
a
decision
that
invalidates
existing
15
law
or
has
the
effect
of
creating
a
new
law.
16
Lastly,
the
bill
provides
that
a
supreme
court
decision
17
that
invalidates
existing
law
or
has
the
effect
of
creating
18
new
law
will
not
take
effect
if
two-thirds
of
both
the
senate
19
and
the
house
of
representatives
approves
of
a
resolution
to
20
overturn
the
decision
within
one
year
of
the
date
the
decision
21
was
published.
22
The
bill
applies
to
decisions
published
by
the
supreme
court
23
on
or
after
the
effective
date
of
the
bill.
24
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