SSB 3099 (LSB 6111XC (1) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act permitting leaders of the general assembly to file amicus curiae briefs in appellate proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  625A.19  Members of the general assembly as amicus curiae.
   1.  When the constitutionality of an Act of the Iowa legislature is drawn into question in any appellate proceeding or further review proceeding to which the general assembly or an officer, agency, or employee thereof is not a party, the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and minority leader of the house of representatives shall each be permitted to file an amicus curiae brief on the constitutionality of the Act. Other members of the general assembly may sign an amicus curiae brief filed pursuant to this subsection. The form of the brief shall be as provided in rule of appellate procedure 6.906.
   2.  A member of the general assembly shall not sign more than one amicus curiae brief in an appellate proceeding or further review proceeding, including briefs filed pursuant to this section and pursuant to other provisions of law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and minority leader of the house of representatives to file an amicus curiae brief in any appellate proceeding when the constitutionality of an Act of the legislature is called into question. Each leader may file a separate amicus curiae brief in the proceeding. The leader’s right to file an amicus curiae brief does not require the leave of the court or written consent of the parties. The bill permits a legislator to sign not more than one amicus curiae brief in an appellate proceeding or further review proceeding.