Bill Text: IA SSB3099 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act permitting leaders of the general assembly to file amicus curiae briefs in appellate proceedings.(See SF 2171.)

Spectrum: Committee Bill

Status: (Introduced) 2024-01-30 - Committee report approving bill, renumbered as SF 2171. [SSB3099 Detail]

Download: Iowa-2023-SSB3099-Introduced.html
Senate Study Bill 3099 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act permitting leaders of the general assembly to file 1 amicus curiae briefs in appellate proceedings. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6111XC (1) 90 cm/jh
S.F. _____ Section 1. NEW SECTION . 625A.19 Members of the general 1 assembly as amicus curiae. 2 1. When the constitutionality of an Act of the Iowa 3 legislature is drawn into question in any appellate proceeding 4 or further review proceeding to which the general assembly 5 or an officer, agency, or employee thereof is not a party, 6 the majority leader of the senate, the minority leader of 7 the senate, the speaker of the house of representatives, 8 and minority leader of the house of representatives shall 9 each be permitted to file an amicus curiae brief on the 10 constitutionality of the Act. Other members of the general 11 assembly may sign an amicus curiae brief filed pursuant to this 12 subsection. The form of the brief shall be as provided in rule 13 of appellate procedure 6.906. 14 2. A member of the general assembly shall not sign more than 15 one amicus curiae brief in an appellate proceeding or further 16 review proceeding, including briefs filed pursuant to this 17 section and pursuant to other provisions of law. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill allows the majority leader of the senate, the 22 minority leader of the senate, the speaker of the house 23 of representatives, and minority leader of the house of 24 representatives to file an amicus curiae brief in any appellate 25 proceeding when the constitutionality of an Act of the 26 legislature is called into question. Each leader may file a 27 separate amicus curiae brief in the proceeding. The leader’s 28 right to file an amicus curiae brief does not require the leave 29 of the court or written consent of the parties. The bill 30 permits a legislator to sign not more than one amicus curiae 31 brief in an appellate proceeding or further review proceeding. 32 -1- LSB 6111XC (1) 90 cm/jh 1/ 1
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