Senate File 2275 - Reprinted SENATE FILE 2275 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3098) (As Amended and Passed by the Senate February 19, 2024 ) A BILL FOR An Act requiring notice to the general assembly in appellate 1 actions regarding the constitutionality of a statute and 2 including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2275 (2) 90 cm/jh/mb
S.F. 2275 Section 1. NEW SECTION . 625A.7 Challenges to 1 constitutionality of statutes —— notice to general assembly. 2 1. In an action that challenges the constitutionality of a 3 statute, the appellant shall do all of the following: 4 a. File a notice of constitutional question stating the 5 question and identifying the pleading, motion, or petition that 6 raises the challenge to the constitutionality of the statute. 7 b. Serve notice and a copy of the pleading, motion, or 8 petition that raises the challenge to the constitutionality of 9 the statute upon the general assembly by the chief clerk of the 10 house and the secretary of the senate by personal service or 11 by restricted certified mail at the time of application for 12 interlocutory appeal or notice of appeal is filed. 13 2. After notice has been served upon the general assembly 14 pursuant to subsection 1, both of the following shall occur: 15 a. The chief clerk of the house shall promptly provide the 16 notice and copy of the pleading, motion, or petition to the 17 speaker of the house of representatives and the minority leader 18 of the house of representatives. 19 b. The secretary of the senate shall promptly provide the 20 notice and copy of the pleading, motion, or petition to the 21 majority leader of the senate and the minority leader of the 22 senate. 23 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 24 importance, takes effect upon enactment. 25 Sec. 3. APPLICABILITY. This Act applies to appeals filed on 26 or after the effective date of this Act. 27 -1- SF 2275 (2) 90 cm/jh/mb 1/ 1