Senate
Study
Bill
3098
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
requiring
notice
to
the
general
assembly
in
actions
1
regarding
the
constitutionality
of
a
statute
and
including
2
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6109XC
(1)
90
cm/jh
S.F.
_____
Section
1.
NEW
SECTION
.
613.22
Challenges
to
1
constitutionality
of
statutes
——
notice
to
general
assembly.
2
A
party
that
files
a
pleading,
motion,
or
petition
3
challenging
the
constitutionality
of
a
statute
shall
do
all
of
4
the
following:
5
1.
File
a
notice
of
constitutional
question
stating
the
6
question
and
identifying
the
pleading,
motion,
or
petition
that
7
raises
the
challenge
to
the
constitutionality
of
the
statute.
8
2.
Serve
the
notice
and
copy
of
the
pleading,
motion,
or
9
petition
on
the
general
assembly
by
the
chief
clerk
of
the
10
house
and
the
secretary
of
the
senate
by
restricted
certified
11
mail
or
by
personal
service
at
the
time
the
pleading,
motion,
12
or
petition
is
filed.
13
Sec.
2.
NEW
SECTION
.
625A.7
Challenges
to
constitutionality
14
of
statutes
——
notice
to
general
assembly.
15
In
an
action
that
challenges
the
constitutionality
of
a
16
statute,
the
appellant
shall
do
all
of
the
following:
17
1.
File
a
notice
of
constitutional
question
stating
the
18
question
and
identifying
the
pleading,
motion,
or
petition
that
19
raises
the
challenge
to
the
constitutionality
of
the
statute.
20
2.
Serve
notice
and
a
copy
of
the
pleading,
motion,
or
21
petition
that
raises
the
challenge
to
the
constituent
of
the
22
statute
upon
the
general
assembly
by
the
chief
clerk
of
the
23
house
and
the
secretary
of
the
senate
by
personal
service
or
24
by
restricted
certified
mail
at
the
time
of
application
for
25
interlocutory
appeal
or
notice
of
appeal
is
filed.
26
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
27
importance,
takes
effect
upon
enactment.
28
Sec.
4.
APPLICABILITY.
This
Act
applies
to
petitions
and
29
appeals
filed
on
or
after
the
effective
date
of
this
Act.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
requires
service
of
notice
on
the
general
assembly
34
for
actions
regarding
the
constitutionality
of
a
statute
35
-1-
LSB
6109XC
(1)
90
cm/jh
1/
2
S.F.
_____
enacted
by
the
general
assembly.
1
The
bill
provides
that
in
a
district
court
action
2
challenging
the
constitutionality
of
a
statute,
the
party
3
bringing
the
constitutionality
of
the
statute
into
question
4
is
required
to
serve
a
copy
of
original
notice
and
a
copy
of
5
the
motion,
pleading,
or
petition
to
the
general
assembly
by
6
the
chief
clerk
of
the
house
or
the
secretary
of
the
senate
7
by
either
restricted
certified
mail
or
personal
service.
The
8
bill
also
requires
notice
to
be
served
to
the
general
assembly
9
in
actions
challenging
the
constitutionality
of
a
statute
on
10
appeal.
11
-2-
LSB
6109XC
(1)
90
cm/jh
2/
2