IN THE IOWA DISTRICT COURT IN AND FOR POLK COUNTY

BOB RUSH, BRIAN MEYER, RICK
OLSON, MARY MASCHER, ART
STAED, LIZ BENNETT, MARK SMITH,
JO OLSON and MARY WOLFE,

NO.

 

PETITION, APPLICATION FOR
INJUNCTIVE RELIEF AND REQUEST
FOR EXPEDITED HEARING
Plaintiffs,
vs.
GOVERNOR KIMBERLY K.

REYNOLDS, GLEN DICKINSON,
LESLIE HICKEY and DAN HUITINK,














Defendants. 

Plaintiffs for cause of action state:

The Parties

1. Plaintiffs Brian Meyer, Rick Olson, Mary Mascher, Art Staed, Liz Bennett,
Mark Smith, Jo Oldson and Mary Wolfe are members of the Iowa legislature and
residents of Iowa.

2. Plaintiff Bob Rush is a lawyer licensed in Iowa who regularly practices in
Iowa courts and is a resident of Linn County.

3. Defendant Kimberly Kay Reynolds is the Governor of Iowa and as such is
the Chief Executive for the state, responsible for ensuring the execution of the State?s
statutes. The Governor is sued in her official capacity.

4. Defendant Glen Dickinson is the Director of the Legislative Services
Agency, a nonpartisan central legislative staff agency under the direction and control of
the Legislative Council. Its duties include publication of the Iowa Acts. Iowa Code

Chapter 2A. Glen Dickinson is sued in his official capacity.

5. Defendant Leslie Hickey is the Iowa Code Editor. The loWa Code Editor is
appointed by the Director of the Legislative Services Agency. The Editor?s duties
include publishing the Iowa Acts. Iowa Code Section 28.13. Leslie Hickey is sued 'in
her official capacity.

6. Defendant Dan Huitink was appointed by the Governor to the State
Judicial Nominating Commission on May 10, 2019. He is sued in his official capacity.

The Law

7. The Iowa Constitution, Article Section 29, prohibits logrolling by
requiring a legislative act to have only one subject.

Sec. 29. Acts one subject expressed in title. SEC. 29. Every Act

shall embrace but one subject, and matters properly connected therewith;

which subject shall be expressed in the title. But if any subject shall be

embraced in an Act which shall not be expressed in the title, such Act

shall be void only as to so much thereof as shall not be expressed in the

title.

8. The Iowa Constitution, Article Section 29, requires the title of the bill to
contain the subject matter of the bill to prevent fraud and surprise.

9. The Iowa Constitution, Article IV, Section 1, establishes separate and co?
equal branches of government.

The powers of the government of Iowa shall be divided into three separate

departments?the legislative, the executive, and the judicial: and no

person charged with the exercise of powers properly belonging to one of

these departments shall exercise any function appertaining to either of the
others, except in cases hereinafter expressly directed or permitted.

Background
10. Senate File 638 was known as the ?Standings Bill,? providing for

appropriations. However, it was amended during debate to change how judicial

nominating commissioners are selected and how the Chief Justice is selected and the
term of office.

11. The Iowa legislature passed Senate File 638 as amended on April 27,
2019.

12. In passing Senate File 638, the Iowa legislature failed to amend the title to
reflect the amendment.

13. On May 8, 2019, Governor Reynoldssigned Senate File 638 into law
(attached as Exhibit 1).

Constitutional Violations

 

999.011

14. Senate File 638 contained more than a single subject, in violation of the
Iowa Constitution, Article Section 29.

15. The enactment of Senate File 638 is a violation of the Iowa constitutional
protection against logrolling.

cm

16. Senate File 638, in violation of the Iowa Constitution, Article Section
29, failed to include in its title an accurate description of the subject matter of the bill,
which included changes to Iowa?s Judicial Nominating Commission and selection and
term of office of the Chief Justice of the Supreme Court.

17. The enactment of Senate File 638 is a violation of the Iowa constitutional
protection to prevent surprise and fraud from beingvisited on the legislature and the

public.



18. The enactment of Senate File 638 violates Article ill of the Iowa
Constitution by dictating to a separate and co-equal branch of government how its
leadership (Chief Justice) should be selected and the term of office.

19. I That portion of Senate File 638 pertaining to changes in the selection and
term of office of the Chief Justice should be found unconstitutional as a legislative
encroachment on judicial powers.

Injunctive Relief (IRCP 1.1501?1.151 1)

20. Plaintiffs are entitled to preliminary and permanent injunctive relief
invalidating the changes contained in Senate File 638 that affect the selection ofjudicial
nominating commissioners and selection and term of office of the the Chief Justice and
enjoining the defendants from enforcing or utilizing its provisions.

21. Defendants are acting and threatening to act under color of state law to
. deprive plaintiffs of their constitutionally protected rights.

22. Plaintiffs will suffer irreparable injury and will continue?to suffer real and
immediate threat of irreparable injury as a'result of the existence, operation,
enforcement and threat of enforcement of the challenged sections Iof Senate File 638.

23. Plaintiffs have no plain, adequate or speedy remedy at law.

24. As shown by the attached affidavit (Exhibit 2), the plaintiffs are entitled to
relief which includes restraining the publication of that portion of Senate File 638 I
pertaining to the judicial nominating commissioners and the selection and term of office

of the Chief Justice, which would greatly or irreparably injure plaintiffs.

25. No petition for the same relief, or part thereof, has been previously
presented to or refused by any court or justice.

26. There are no foreseeable monetary damages that would arise from
issuance of a temporary injunction order. Therefore, plaintiffs request that should the
Court order a bond be filed, that it not exceed $100.

Request for Relief

Plaintiffs respectfully request an order in judgment:

1. Setting this matter for expedited hearing on the request for temporary
injunctive relief;

2. Declaring those portions of Senate File 638 dealing with selection of
judicial nominating Commissioners and the selection and term of office of the Chief
Justice to be unconstitutional;

3. Temporarily and thereafter permanently enjoining defendants as well as
their officers, agents, employees, attorneys, and all persons in active concert or
participation with them from enforcing or utilizing the changes contained in Senate File
638 dealing with selection ofjudicial nominating commissioners and the selection and
term of office of the Chief Justice;

4. Awarding any further relief as the Court may deem just and proper.

1W

AT0006817
NATE WILLEMS, AT0009260
RUSH NICHOLSON, P.L.C.
115 First Avenue SE, Suite 201
PO. Box 637

Cedar Rapids, IA 52406-0637
Telephone (319) 363-5209
Facsimile (319) 363?6664

bob@rushnicholson.com
nate@rushnichoison.com
ATTORNEYS FOR PLAINTIFFS

 

 

Km REYNOLDS OFFICE OF THE GOVERNOR

ADAM GREGG
GOVERNOR

LT GOVERNOR

May 8, 2019

The Honorable Paul Pate
Secretary of State of Iowa
State Capitol

Des Moines, Iowa 50319

Dear Mr. Secretary,
I hereby transmit:

Senate File 638, An Act relating to state and local ?nances by making appropriations,

providing for legal and regulatory responsibilities, providing for other properly related
matters, and including effective date, applicability, and retroactive applicability provisions.

The above, House File is hereby approved on this date.


?ma .: 5w.

Sincerely, 

Kim nolds

Governor of Iowa

      
 

rexm?aw'



 

STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3527 

 

 

 

 

 

Senate File 638

AN ACT
RELATING TO STATE AND LOCAL FINANCES BY MAKING APPROPRIATIONS,
PROVIDING FOR LEGAL AND REGULATORY RESPONSIBILITIES:
PROVIDING FOR OTHER PROPERLY RELATED MATTERS, AND INCLUDING
EFFECTIVE DATE, APPLICABILITY, AND RETROACTIVE APPLICABILITY
PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I 
STANDING 

Section 1. LIMITATIONS 0F STANDING APPROPRIATIONS FY
2019?2020. Notwithstanding the standing?a??ro?riation*in?the-
following designated section for the fiscal year beginning July
1, 2019, and ending June 30, 2020, the amount appropriated from
the general fund of the state pursuant to that section for the
following designated purpose shall not exceed tnegfolioeing
amount: I f":3

For payment of claims for nonpublic school transpo?tation
under section 28592: 
8,197,091

If total approved claims for reimbursement for nonpublic
school pupil tran3portation exceed the amount appr0priated in
accordance with this section, the department of education shall
prorate the amount of each approved claim.

Sec. 2. INSTRUCTIONAL SUPPORT STATE AID ?w FY 2019~2020. In
lieu cf the aperOpriatiOn proviaea in aeetieh 257.20,
subsection 2, the appropriation for the fiscal year I

 

 

 

 

 

 

Senate File 638, p, 2

beginning July 1,-2019, and ending June 30, 2020, for paying
instructional support state aid under section 257.20 for such
fiscal year is zeroa

Sec. 3. Section 257.35, Code 2019, is amended by adding the
following new subsection:

NEW SUBSECTION. 13A. Notwithstanding subsection 1, and in
addition to the reduction applicable pursuant to subsection

 

2, the state aid for area education agencies and the portion

of the combined district cost calculated for these agencies

for the fiscal year beginning July 1, 2019, and ending June

30, 2020, shall be reduced by the department of management by
fifteen million dollars. The reduction for each area education
agency shall be prorated based on the reduction that the agency
received in the fiscal year beginning July 1, 2003.

Sec. 4. SPECIAL FUNDS SALARY ADJUSTMENTS -
UNAPPROPRIATED MONEYS - FY 2019-2020 FY 2020-2021. For the
fiscal year beginning July 1, 2019, and ending June 30, 2020,
and for the fiscal year beginning July 1, 2020, and ending June
30, 2021, salary adjustments otherwise provided may be funded
as determined by the department of management, subject to any
applicable constitutional limitation, using unappropriated
moneys remaining in the department of commerce revolving
fund, the gaming enforcement revolving fund, the gaming
regulatory revolving fund, the primary road fund, the road
use tax fund, the fish and game protection fund, and the Iowa
public employees' retirement fund, and in other departmental
revolving, trust, or special funds for which the general
assembly has not made an operating budget appropriation.

DIVISION II
MISCELLANEOUS APPROPRIATIONS

Sec. 5. DEPARTMENT OF PUBLIC SAFETY.

1. There is appropriated from the general fund of the
state to the department of public safety for the fiscal year
beginning July I, 2019, and ending June 30, 2020, the following
amount, or so much thereof as is necessary, to be need for the
purposes designated:

For costs associated with the training and equipment needs
of volunteer fire fighters:

50,000



 

 

 

 

 

 

Senate File 638. n.

2. Notwithstanding section 8.33, moneys appropriated in
this section that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure only for the purpose designated in
this section until the close of the succeeding fiscal year.

3. Notwithstanding section 8.39, the department of public
safety may reallocate moneys appropriated in this section
and moneys appropriated in 2019 Iowa Acts. Senate File 515,
section 15, if enacted. as necessary to best fulfill the needs
provided for in the appropriation. However, the department
shall not reallocate moneys appropriated to the department
in this section and moneys approPriated in 2019 Iowa Acts.
Senate File 615, section 15, if enacted, unless notice of the
reallocation is given to the-legislative services agency and
the department of management prior<to the effective date of the
reallocation; iThe?nOtice shall include information regarding
the ratiOnale for reallOCating the moneys. =The?department
shall not reallecateTmOneys,appropriated in this section and
moneys approprsatea in 2019 Iowa ACts,-Senate File 615, section
15. if-enactedyl?er the purpose-Of eliminating any program.

- 
. 

Sec. 6.- Section32c??ag?eb 2019, is amended to read as
follows: 

2ceia :Report 

The 31 of each year
submit an economically designed and reprOduced report to the -
general assembly and to thesgavernor?concerning the exercise of
the ombudsman?s functions during the preceding fiscal
year. In discussing matters wash Which the ombudsman has been
concerned, the ombudsman shall'not identify specific perSons~
if to do So If the annual
report criticises a?named?agency Or offibial, it shall also
include unedited replies ma ewby the aQEncy or official to the'
criticism. nnless excused bthhe agency or Official affected.?

Sec. 7. Section 558.69, Code 2019, is amended by adding the
following new subsection: 

new sba?scmxas.' 9. NotWithstanding section 331.604 or any
other-provision of law to the contrary, the county recorder

0?



 

 

 

 

 

 

Senate File 638, pt

shall not charge or collect a fee for the submission or filing
of a groundwater hazard statement.
DIVISION IV
CORRECTIVE PROVISIONS

Sec. 8. Section 29C.20C, if enacted by 2019 Iowa Acts,
Senate File 570, section 1, is amended to read as follows:

29c.20c Immunity licensed architects and professional
engineers.

An architect licensed pursuant to chapter 544A or a
professional engineer licensed pursuant to chapter 542B who,
during a disaster emergency as proclaimed by the governor or
a major disaster as declared by the president of the United
States, in good faith and at the request of or with the
approval of a national, state, or local public official, law
enforcement official, public safety official, or building
inspection official believed by the licensed architect or
professional engineer to be acting in an official capacity,
voluntarily and without compensation provides architectural,
engineering, structural, electrical, mechanical, or other
design professional services related to the disaster emergency
or major disaster shall not be liable for civil damages for any
acts or omissions resulting from the services provided, unless
such acts or omissions constitute recklessness or willful
and wanton misconduct. A licensed architect or professional
engineer who receives expense reimbursement for the performance
of services described in this section shall not be considered
to have received compensation for such services.

Sec. 99 Section 216A.133, subsection 3, paragraph 1, if
enacted by 2019 Iowa Acts, House File 634, section 5, is
amended to read as follows:

1. Recommending to the beard department the adoption of
rules pursuant to chapter 17A as it deems necessary for the
board and division.

Sec. 10. Section 225C.51, subsection 1, paragraph a, if
enacted by 2019 Iowa Acts, House File 690, section 8, is
amended to read as follows:

a. The director of the department of human services or the
director's 

 

Sec. ll. Section subsection 3, if enacted by 2019

4

 

 

 

 

 

 

Senate File 638, p;

Iowa Acts, House File 690, section 8, is amended to read as
follows:

3. The director of the department of human services and the
director of the department of.education, or their designees;
shall serve as co-chairpersons of the state board. Board
members shall not be entitled to a per dies as specified in
secti0n77E.6_and shall not be entitled to actual and necessary
expenses incurred while engaged in their official duties.

Sec. 12. Section 2613.3, subsections 1 and 2, as enacted by
2819 Iowa Acts, Senate File 274, section 3, are amended to read
as follows: .

l? Noncommercial expressive activities protected under the
provisions of this chapter include but are not limited to any
lawful Oral or written means by which members of the campus

5



but not limited to all forms of.peacefulvassemhlye protests,._
speeches including by invited speakers, distribution ofza
literature, circulating petitions, and publishing,-ihcluding
publishing or streaming on an internet site, or audio or video
recorded in;ou$door areas of campus.

72. A-member of the campus community who wishes to engage in
noncommercial expressive activity in outdoOr-areas of campus
shall be permitted to do so freely; subject to reasonable
time, place1_and manner restrictions,.and as long as the
member?s cen?uct is not unlaw?ul, does not impedenothess?ie
access,tejaa?acilityxor use of walkways; and does net disrupt?
the functioning of the public institution 
subject to the pneteetions of subsection 1. "The public-s
institution oi higher education may designate other areas of
campus available for use by the campus communityiaceording to
institutionals?elicg, but in all cases access to designated
areas 95 campus must he 
within the bounds of established principles of the first7
amendment?r L?63jw 

Sec. 13. Section 3220-2, subsection 26, if enacted by 20l9
Iowa Acts, Senate File 435, section 2, is amended to read as
follows:

 

 

20. ?beEble recreational vehicie dealer? or ?dealer?"means
a person required to be licensed under this chapter who is

 

 

 

 

 

 

 

Senate File 638, p. 6

authorized to sell and service towable recreational vehicles.

Sec. 14. Section 322C.15, subsection 2, paragraph b, if
enacted by 2019 Iowa Acts, Senate File 435, section 12, is
amended to read as follows:

b. The manufacturer's or distributor?s business operations
have been abandoned or caused the dealer's business Operations
to close for ten consecutive business days. This 
paragraph does not apply if the closing is due to a normal
seasonal closing and the manufacturer or distributor notifies
the dealer of the planned closing, an act of God, a strike,

a labor difficulty, or any other cause over which the
manufacturer or distributor has no control.

Sec. 15. Section 456A.33C, subsection 1, unnumbered
paragraph 1, if enacted by 2019 Iowa Acts, House File 765,
section 18, is amended to read as follows:

For purposes of this section, unless the context otherwise
requires, ?eligible water body? means a body of water that meet
meets all of the following criteria:

Sec. 16. Section 5133.2, subsection 2, Code 2019, as amended
by 2019 Iowa Acts, House File 679, section 184, if enacted, is
amended to read as follows:

2. The commissioner of of insurance may take any enforcement
action under the commissioner's authority to enforce compliance
with this chapter.

Sec. 17. Section 5151.4A, subsection 1, paragraph c, as
enacted by 2019 Iowa Acts, Senate File 558, section 4, is
amended to read as follows:

a. The board of directors of the insurer has passed a
resolution seeking approval as a domestic surplus lines insurer
in this state and stating that the insurer shall only write
surplus line lines business. The resolution shall not be
amended without approval of the commissioner.

Sec. 18. Section 522E.l3, subsectiOn 6, Code 2019, as
amended by 20l9 Iowa Acts, Senate-File 559, section 6, is
amended to read as follows:

6. Whenever notice or correspondence with respect to a
policy of portable electronics insurance is required pursuant
to this section, it shall be in writing and sent within the
notice period required pursuant to this section. Notices

 

 

 

 

 

 

Senate File 538i p.

and correspondence shall be sent to the licensed portable
electronics vendor that is the policyholder at the-portable
electronics vendor's mailing or electronic mail address
specified for that purpose and to its affected enrolledr
consumers? last known mailing or electronic mail addresses on
file with the insurer or the portable electronics vendor. All
notices and documents that are delivered by electronic means
shall comply with section 505B.l, except for the provisions

in section 505B,l, subsection 4. The insurer or portable

 

electronics vendor shall maintain proof that the notice or
correspondence was sent for not less than three years after
that notice or correspondence was sent.

Sec. 19. Section 633.648, Code 2019, as amended by 2019
Iowa Acts, House File 610, section 34, if enacted; is amended
to read as follows:

633.648 Appointment of attorney-in compredis? of personal
injury settlements. 

Notwithstanding the provisions of section 633.642 prior to
authorizing a compromise of a claim for damages on account
of personal injuries to the weed protectedepersonietheecOUrt

 

may order an independent investigation by othee
than by the attorney for the conservator; -The cast of 
investigation, including a reasonablenatEOrneykfee?isheet be
taxed as part of the cost of the conservatorshipii~?-

Sec. 20. Section 6926.1, a, if 
enacted by 2019 Iowa Acts, House File968e1~seetden?l; is
amended to read as follows: 

a. an individuel?wne7has, seeks
to have, or may have access to childreng-the elderly? or
individuals with disabilities served by a qnaidfeed entity and
who is employed byi volunteers.with, or seekseto?yolunte?r-with
a qualified entity; or or
operate, a qualified entity.?

Sec. 21. 2019 Iowa Acts, 
subsection 6, is amended to read as folaeWS?4? 

6. Sections 15E.206, 
15E.297, subsection 2,-paragraph ?bf; 
subparagraph dinision 

?8 ll

9 subparagraphs and 6;



I

 

 

 

 

 

 

 

Senate File 638, p. 8

paragraph subparagraph (1), subparagraph division

135.61, unnumbered paragraph 1; 135.61, subsection

1, paragraph 135.61, subsection 4; 135.62, subsection

1; 135.62, subsection 2, paragraph subparagraphs (2),
(4), and 135.63, subsection 1; 135.63, subsection 2,
unnumbered paragraph 1: 135.63, subsection 2, paragraph 
135.63, subsection 2, paragraph subparagraph 135.63,
subsection 2, paragraph subparagraph (1), unnumbered



paragraph 1; 135.63, subsection 2, paragraph 3 135.63,

subsection 2, paragraph subparagraph (1), unnumbered
paragraph 1; 135.63, subsection 2, paragraph unnumbered
paragraph 1; 135.63, subsection 2, paragraphs and 
135.63, subsection 2, paragraph unnumbered paragraph 1;
135.63, subsection 3; 135.64, subsection 3; 135.72, unnumbered
paragraph 1; 135.73, subsection 1; 135.73, subsection
2, unnumbered paragraph 1; 135.73, subsection 3; 135.74,
subsections 1 and 3; 135.75, subsection 2; 135.76, subsection
1; 135.100, unnumbered paragraph 1; 135.105A, subsection 5;
135.108, unnumbered paragraph 1; 135.140, unnumbered paragraph
1; 249K.2, subsection 6; 490.120, subsection 12, paragraph 
subparagraph 490.140, subsection 29; 490.640, subsection
8; 490.809, subsection 2; 490.858, subsection 2; 490.1101,
unnumbered paragraph 1; 490.1105, subsection 3; 490.1107,
subsection 1, paragraph 490.1107, subsection 2; 490.1107,
subsection 4, paragraph 490.1108, subsection 1; 490.1114,
subsection 1; 490.1114, subsection 2, paragraph 490.1202,
subsection 7; 490.1301, unnumbered paragraph 1; 490.1320,
subsection 1; 490.1320, subsection 3, paragraphs and 
490.1322, subsection 2, paragraph 490.1323, subsection
3; 490.1331, subsection 1; 490.1340, subsection 2, paragraph
subparagraph 490.1403, subsection 3; 490.1405,
Subsection 2, paragraph 499.69A, subsection 6; 524.1309,
subsection 8; 524.1406, subsection 1; 524.1417, subsection 1;
and 524.1805, subsection 6, Code 2019, are amended by striking
the word ?division? and inserting in lieu thereof the word
?subchapter?.

Sec. 22. EFFECTIVE DATE. The following, being deemed of
immediate importance, take effect upon enactment:

1. The section of this division of this Act amending section

 

 

 

 

 

 

Senate File 638, p. 

29C.20.

2. The section of this division of this Act amending section
261H.3, subsections 1 and 2.

Sec. 231 EFFECTIVE DATE, The following takes effect January
1, 2020:

The section of this division of this Act amending section
633.648. 

Sec. 24. RETROACTIVE APPLICABILITY. The following applies
retroactively to the effective date of 2019 Iowa Acts, Senate
File 570, if enacted:

The section of this division of this Act amending section
29C.20.

Sees-25.. RETROACTIVE APPLICABILITY. The following applies
retroactively to march 27, 2019:-

The section-of this division of ehis Act amending section
2613.3, subeeCtions and 21'-

Sec. 26; The following-applies to
guardianships and guardianshiplbroceedinge for adults and
proceedings for adults and
minors after January 1,
2020: 

The section of this division-offt?is Act amending section
633.648. i 




sec. 27;? NEW Fined recovery fund}

1. A flood in the state
treasury under the controlwof the board; The fund shell
censist of moneys abptopfiated to the fund by the general
assembly and any other moneys a?ail?ble to; Obtained by, or
accepted bY'the board fei deposit in the fund. meneys in the
fund are apbfopfiated?to?theud??attmeet and Shall be used for
the purposes deeignated in?this?eection; Moneys in the?f??d
she 1 net sup?lant?a?y feder?lEdi??e?er?reCOVery moneys.

2. The board may Heard 
political subdivisions of the state. A political subdi?ision
of the state is eligible to receive moa?ys fi??'the fund if?
the poliEiCal subdivieeoh is~ie?aesa in a county desi??ated 
under presidential disaster declaration DR4442141A and is also

 

 

 

 

 

 

Senate File 638, p. 10

located in a county where the federal emergency management
agency?s individual assistance program has been activated.

3. In order to be awarded moneys from the fund, a political
subdivision of the state shall submit a project application
to the department for consideration by the board. The board
shall prescribe application forms and application instructions.
Project applications shall include all of the following:

a. A description of the project and the manner in which
the project supports flood response, flood recovery, or flood
mitigation activities.

b. A description of the financial assistance needed from the
fund.

a. Details on any additional moneys to be applied to the
project.

4. a. The board shall review all project applications.
During the review of a project application, the board shall
consider, at a minimum, all of the following:

(1) Whether the project supports flood response, flood
recovery, or flood mitigation activities.

(2) Whether moneys from the fund are essential to meet
the necessary expenses or serious needs of the political
subdivision related to flood response, flood recovery, or flood
mitigation.

b. Upon review of a project application, the board shall
approve, defer, or deny the application. If a project
application is approved, the board shall specify the amount of
moneys from the fund awarded to the political subdivision. The
board shall negotiate and execute on behalf of the department
all necessary agreements to provide the moneys. If a project
application is deferred or denied, the board shall state the
reasons for such deferral or denial.

5. Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of a
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated in this section.
Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys deposited in the fund shall be credited to
the fund.

Sec. 28. FLOOD RECOVERY APPROPRIATION. There is

 

 

 

 

 

 

Senate File 638, p. 11

apprOpriated from the general fund of the state to the
department of homeland security and emergency management, for
the fiscal year beginning July 1, 2018, and ending June 30,
2019, the following amount, or so much thereof as is necessary,
to be credited to the flood recovery fund created in section
418.16, as enacted by this Act. and used for the purposes
designated in seetion 418 16, as enacted by this Act:
=.raa.au 15,000,000

Sec. 29. EMERGENCY RHLES. The department of homeland
security and emergency management may adopt emergency
rules under seetion subsection 3, and section 17A.5,
subsection 2, paragraph to implement the provisions of
this diviSion'OE this Act and the rules shall be effeCtive
immediately upon filing unless a later date is specified in the

also be p?hlished as a notice of intended action as provided
in section 17A.4. I

Sec. 30; EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enaCtment.

DIVISION VI 
STATE BUDGET PROCESS

'See. 3i.~aseetesn 8rd; Code 2019, id?amended by adding Eh?
following new subsection: 

NEW SUBSECTION.- 16. Sh?ary.model adhinistrator; "To
designate a-p651t10n within the department to serve as the

 

salary model administrator.?

1a. Theeselary model administrator Shall work in conjunction
with?the'legisld?iv? services agency to maintain the'state?s?
salaryvmed?l used for-aeeiyzing; comparing, and*pr0jectin?3??
stateweepiay?e eatery and benefit?i?f?rmatEOn. inoldding 
information relating to employees of the State board of I
regents. 

b. The?deeaetment or revenue, the department 5f
admi ni seas-e iv? fee-mi (is she inSt i tut ides governed by? the" 
board of reg?ndd?pd?d?ant to s??tf?n each judicial?
district'39department or corr??tional services, and the state
department er transportatien shall provide saiary data to the
department of management and the legislative services agency;
to operate the state?s salary mcd'e'la The format and freQuency

 

 

 

 

 

 

 

Senate File 638, p. 12

of provision of the salary data shall be determined by the
department cf management and the legislative services agency.

c. The information shall be used in collective bargaining
processes under chapter 20 and in calculating the funding needs
contained within any annual salary adjustment legislationr
A state employee organization as defined in section 20.3,
subsection 4, may request information produced by the model,
but the information provided shall not contain information
attributable to individual employees.

Sec. 32. Section 8.23, subsection 1, unnumbered paragraph
1, Code 2019, is amended to read as follows:

On or before October 1, prior to each legislative session,
all departments and establishments of the government shall
transmit to the director, on blanks to be furnished by the

director, estimates of their expenditure requirements,
including every proposed expenditure, for the ensuing fiscal

year, 3 'E'i I 3' l' I 

 

ehaeaeterT together with supporting data and explanations
as called for by the director after consultation with the
legislative services agency.

Sec. 33. Section 8.23, subsection 1, paragraph a, Code 2019,
is amended to read as follows:

a. The estimates of expenditure requirements shall be

 



   

in a form specified by
the director, and the expenditure
requirements shall include all preposed expenditures and shall
23 prioritized by program or the results to be achieved. The

estimates shall be accompanied with by performance measures

for evaluating the effectiveness of the presses programs or
results.

Sec. 34. Section 602.1301, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2019, is amended to read as
follows:

As early as possible, but not later than December 1, the

 

 

 

 

 

 

Senate File 6385 p. 13

supreme court shall submit to the legislative services agency
the annual budget request and detailed supporting information
for the judicial branch. The submission shall be designed

to assist the legislative services agency in its preparation
for legislative consideration of the budget request. The
information submitted shall contain and be arranged in a format
substantially similar to the format specified by the director
of the department of management and used by all departments

and establishments in transmitting to the director estimates

of their expenditure requirements pursuant to section 

 

The'subreme

 

court shall also make use of the department or~aats?em??t?s
automated budget system when submitting informatiohw?otth?'
director of the department of management?tb assist the*difector
in the-tra?smittal of information as required sate? s??tibn?
8.35s. The supreme court shall budget and track expenditures
by the following separate organization codes: 7 I
DIVISION VII 7,
BLACKOUT SPECIAL REGISTRATION 

Sec. 35. Section 321.34. Code 2019, is amended by'adding the
following new subsection: 2 

NEW SUBSECTION. -Eia?kout_plates;

a. Upon application and payment or the proper fees;

 

the directOr may issue blackout plates to the smear er a

motor vehicle subject to registration under section 3211109,
subSeetios l, autocYcle, motor truck, motor"h?meif??lti?urbose?
vehicle, trailer, or travel trail?i.? 

b. ?Blackout plates shall be designed by tbe department. A
blackout plate's background'shall be black, ahd the ?i?te's
letters and numbers shall be white.

6. The special blackout fee for letter-number designated
blackout plates is thirtye?ive dollars.- An appiicant ma? ?7
Obtain personalized blackout plates upon payment of the fee for
personalized plates as provided in subsectiOn 5; WhiCh is an

 

 

 

 

 

 

Senate File 638, p. 14

addition to the special blackout fee. The fees collected by
the director under this subsection shall be paid to the
treasurer of state and deposited in the road use tax fund.

d. Upon receipt of the special registration plates, the
applicant shall surrender the current registration plates to
the county treasurer. The county treasurer shall validate
the special registration plates in the same manner as regular
registration plates are validated under this section. The
annual special blackout fee for letter-number designated plates
is ten dollars which shall be paid in addition to the regular
annual registration fee. The annual fee for personalized
blackout plates is five dollars which shall be paid in addition
to the annual special blackout fee and the regular annual
registration fee. The annual special blackout fee shall be
credited as provided under paragraph 

e. The department shall not condition the issuance of
blackout plates on the receipt of any number of orders for
blackout plates.

Sec. 36. Section 321.166, subsection 9, Code 2019, is
amended to read as follows:

9. Special registration plates issued pursuant to section
321.34, other than gold star, medal of honor, collegiate, fire
fighter, and natural resources, and blackout registration

 

plates, shall be consistent with the design and color of
regular registration plates but shall provide a space on a
portion of the plate for the purpose of allowing the placement
of a distinguishing processed emblem or an organization
decal. Special registration plates shall also comply with
the requirements for regular registration plates as provided
in this section to the extent the requirements are consistent
with the section authorizing a particular special vehicle
registration plate.
DIVISION 
GAMBLING REGULATION

Sec. 37. Section 99F.7A, subsection 3, if enacted by 2019
Iowa Acts, Senate File 617, section 10, is amended to read as
follows:

3. A licensee under this section may enter into operating
agreements with one or two entities to have up to a total of

 

 

 

 

 

 

Senate File 638, pa l5

two individually branded internet sites to conduct advance
deposit sports wagering fer the licensee, unless one additional
operating agreement or individually branded internet site

is authorized by.the commissiona However? a person shall

 

not sell, grant, assign, or turn over to another person the
operation of an individually branded internet site to conduct
advance deposit wagering for the licensee without the approval
of the commission. This section does not prohibit an agreement
entered into between a licensee under this section and an
advanced deposit sports_wagering operator as approved by the
commission, . . . 

Sec. 38. Section 99F.l3, Code 2019, is amended to read as
follows:

99F113 Annual audit of licensee-operations.

Within ninety days after the end~ofvthe~liCensee13 fiscal
year, the licensee shall transmit to the commission an audit
of the licensee's total including an
itemization of all expenses and subsidies. For a licensed

 

subsidiary of a parent company,ganeaudit.of the.parent company
meets the requirements of this.secti0ni All.audits shall

be conducted by certified publiceaccountants authorized

to practice in the state of Iowaeunderechapter 542 who?aee

 



Sec. 39. Section 47615; subsection=15y paragraph c,

subparagraphs (2) and (4), Code 2019, are amended to read as
follows: 

Notwithstanding the goals developed pursuant to
paragraph 3b7,.the board_shall not require or allow.a gas
utility to adopt an energy efficiency plan that results in
projected cumulative average annual costs that exceed one
and one?half percent of the gas?utility?s expected annual
Iowa retail rate nevenue from retail customers in the state?r
shall not require_or;allow an electric utility to adept.an
energy efficiency plan that results in.projected cumulative
average annual costs that exCeed-two perCent of the'electrich
utility?s espected annual Iowa retail rate revenue from retail

 

 

 

 

 

 

Senate File 638, p. 16

customers in the state, and shall not require or allow an 
electric utility to adopt a demand response plan that results
in projected cumulative average annual costs that exceed two
percent of the electric utility's expected annual Iowa retail
rate revenue from retail customers in the state. For purposes
of determining the two percent threshold amount, the board
shall exclude from an electric utility's expected annual Iowa
retail rate revenue the revenues expected from customers that
have received exemptions from energy efficiency plans pursuant
to paragraph is?. This subparagraph shall apply to energy
efficiency plans and demand response plans that are effective
on or after January 1, 2019. 

(4) The board shall approve, reject, or modify a plan filed
pursuant to this subsection no later than March 31, 2019. If
the board fails to approve, reject, or modify a plan filed by a
gas or electric utility on or before such date, any plan filed
by the gas or electric utility that was approved by the board
prior to.May 4, 2018, shall be terminated. The board shall
not require or allow a gas or electric utility to implement an
energy efficiency plan or demand response plan that does not
meet the requirements of this subsection.

DIVISION 
BOARD OF REGENTS CAPITAL PROJECTS

Sec. 40. BOARD OF REGENTS CAPITAL PROJECTS REPORT.

1. The state board of regents shall submit a written report,
including such information and recommendations as required by
this section, to the general assembly by December 13, 2019,
regarding the financing of capital projects at institutions
under the control of the state board of regents.

2. The written report shall include a list of all capital
projects initiated by an institution under the control of the
state board of regents since January 1, 2004, in which the
state provided at least a part of the financing for the project
from an appropriation from the rebuild Iowa infrastructure fund
created in section 8.57. For each project listed, the report
shall include all of the following information:

a. Total cost of each project.

b. The amount and percentage of each project financed
through donations and gifts from private sources.

 

 

 

 

Senate File 638, pf. 17

c. The amount and percentage of each project financed
through funding from the federal government:

d. The amount and percentage of each project financed
through?institutionwsourceem

e. The amount and percentage of each project financed
through state dollars.

f. The amcunt and-percentage of each project financed
through other sources.

g. Whether each project was considered a renovation or new
construction.

3. The written report shall include, for each year since
January 1, 2004, the percentage of capital project costs that
were covered by donations and-gifts from private sources for
capital projects that did not receive state funding.

41 ~The shall include information regarding
how the state board o??regente-defines new construction and?
renovationsy-a capital projects initiated due to:
extraordinary;circgmetances? and the current meihod.ueed by
the state-boned oi regents and institutions under the control
of the state,board or regente to deve10p financing plane Eor.:~
capital projects. . .

5. The written report chall also include recommendations to
the general assembey regarding the following-

a. The type of capital projects that should be eligible for
state 

b, The share of state=funded capital projects that should be
funded.with non~etategdollars.i

c. How the fundraising plan will be developed for
statemfunded projects.?

Section 262. 67, if enacted by 2019 Iowa
section 16, is repealed.

a DIVISION XI 
- WATERSHED MANAGEMENT AUTHORITIES

cSec.142 Section 4668 22. Code 2019, is amended by adding
the follow1ng new subsection-

NEW If a portion of a United States
geological survey hydrologic unit code 8 watershed is located

 

Outside or anycpolitical.subdivieion in such a
watershed may participate in any watershed management authority

 

 

 

 

 

 

Senate File 638, p. 18

which includes the county in which the political subdivision
is located.
DIVISION XII
ELECTIONS

Sec. 43. 2019 Iowa Acts, House File 692, section 33, if
enacted, is amended to read as follows: 

SEC. 33. EFFECTIVE DATE.

i; This division of this Act, being deemed of immediate
importance, takes effect upon enactment.

2. Notwithstanding subsection 1, the section of this
division of this Act amending section 39.2 takes effect July
1, 2019.

Sec. 44. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.

Sec. 45. RETROACTIVE APPLICABILITY. This division of this
Act applies retroactively to the date of enactment of 2019 Iowa
Acts, House File 692, if enacted.

DIVISION 
JUDICIAL NOMINATING COMMISSION MODERNIZATION

Sec. 46. Section 46.1, Code 2019, is amended to read as
follows:

46.1 Appointment of state judicial nominating commissioners.

l; The governor shall appoint, subject to confirmation by

the senate, 

nine eligible electors to the state judicial nominating
commission 

2. The appointments made by the governor shall be
staggered terms of six years each and shall begin and end
in even?numbered years as provided in section 69.19. The
terms of no more than three nor less than two of the members
commissioners shall expire within the same two~year period.
a; No more than a simple majority of the members
commissioners appointed by the governor shall be of the same
gender.

 

 

4. All commissioners shall be chosen without reference to
political affiliation;

5. There shall be at least one commissioner appointed by
the governor from each congressional district and there shall

 

 

 

 

 

 

Senate File 638. p. 19

not be more than two commissioners appointed by the governor
from a single congressional district unless each congressional
district has at least two commissioners appointed by the-
governor=

6. A commissioner who has served a full six?year term on the
state judicial nominating commission, whether the commissioner
was appointed or elected, shall be ineligible to appointedr
to a second six~year term.

 

7. No person may be appointed who holds an office of
profit of the United States or of the state at the time of
agpointmenta .

Sec= Section 46,2, Code 2019: is amended by striking the-
section and inserting in lieu thereof the folloWing? 

46. 2 Election of state judicial nominating comm1331oners.

I. The resident members of the bar of each congre581onal
district shall elect two eligible electors of d1fferent genders
to the state judicial nominating commiSSion. I:

2. The commissioners elected by the bar shall serve
staggered terms of six years each and shall be elected in the
month cf January for terms commencing July 1 Of oddenumb?red?
years. The terms of no more than three of the commissioners
shall expire Within the same two~year period? '5 7

All Of the commissioners elected by the?har?she11 ?e
chosen- Without reference to politiCal affiliation; 

4. A comm1351oner who has served a fu1L six?year term on the

 

state judicial nominating commissionF whether the co 
was appointed or elected, shall be ineligible to be ef??t?tho
a second sixeyear term. 111 
5. No person may be elected who holds an office 6f profit of
the United States 0: cf the st ate at the time Of. election.
See; 481- Section 46 2A. gods-20195 is amended by striking
the section and inserting in lieu there0f the follow1ng?u 

  

46. 2A Special appointment of State judiCial nominating?
comm1551oners and transition previsicns. .

l. The initial term of the ninth commissioner appointed by-
the governor shall begin on the effectise date of this.dinis10n
of this Act and shall expire on April 30, 2021. 

the initial term is Served pursnant to subsection
1, a new commissioner shall be appointed by the governor tan

 

 

 

 

 

Senate File 638, p. 20

siXWyear term as provided in section 46.1.

3. The terms of any commissioner currently serving on
the state judicial nominating commission or any commissioner
already elected to begin serving on July 1, 2019, shall not be
affected by this Act.

Sec. 49. Section 46.5, Code 2019, is amended to read as
follows:

46.5 Vacancies.

1. When a vacancy occurs in the office of an appointive
judicial nominating commissioner, the chairperson of the
particular commission shall notify the governor in
writing of such fact or the governor may take note of such a
vacancy. Vacancies in the office of an appointive judicial
nominating commissioner shall be filled by appointment by the
governor, consistent with eligibility requirements. The term
of state judicial nominating commissioners so appointed shall
commence upon their appointment pending confirmation by the
senate at the then session of the general assembly or at its
next session if it is not then in session. The term of district
judicial nominating commissioners so appointed shall commence
upon their appointment.

 

appointive.?ommissioner shall be deemed to have submitted a

resignation if the commissioner fails to attend a meeting of
the commission that is properly noticed under section 46.13

 

and at which the commission conducts interviews or selects
nominees for judicial office. The governor, in the governor?s
discretion, may accept or reject the resignation. If the
governor accepts the resignation, the governor shall notify the
commissioner and the chairperson of the commission in writing
and shall then make another aPPOintment.

 

.3. VacanCies in the office of elective judicial nominating

commissioner shall
be filled consistent with eligibility requirements and?by

 

 

 

 

 

 

Senate File 538, p. 21

 

by a special election within the jhdicial election
?ietrict or congressional district where the vacancy occurs
unless the term has less than ninety days remaining, in which
case the office shall remain vacante The special election
shall be completed~within ninety days of the vacancy arising
and shall be conducted as provided in sections 46.9, 46.93, and
46-10-

4. If a Vacancy occurs.in the offide of chairperson of a the
state judicial nominating the members of the

 

commission shall elect a new ChairpeISOn as provided in section
46.6%; If a vacancy oCCurs intthewof?iCe?of chairperson of 
district judicial nominating?commi3516n35r~in the absence of-?
the chairperson; the members of the particular commission shall
elect a temperary chairperson from their oWn number.

 

 
    

{?6?otwithstanding?Bedticn
69.1A, a?pdi?tea aha ?iecte? ??hheeSEo?eis ch theiStat? and
ais?t181*jeaicia1 
until their successor lS elected andfqualifie?.

A11 Indicial nominating commie?

 

ionere, including
those eleCted?by the bar} shall be ecbiect to removal by
the executive council in the same manner as appointive etate
officers under section 66:? 26. 

  

 

nominating commissioner 1e in question ?Eh? governor shall be
the officer reepcn31ble desiding whether a vacancy ex1ets

 

 

 

 

 

 

 

Senate File 638, p. 22

under section 69.2.
Sec. 50. Section 46.6, Code 2019, is amended to read as
follows:
46.6 Chairpersoncommission?

 

l. The commissioners of the state judicial nominating

commission shall elect a chairperson from their own number.

The chairperson shall serve a two-year term that expires

on April 30 of even?numbered years. A commissioner may be
reelected for a second or third term as chairperson. If a
chairperson of a judicial nominating commission desires to

be relieved of the duties of chairperson while retaining the
status of commissioner, the chairperson shall notify the
governor and the other commissioners of the commission. At the
next meeting of the commission, the commissioners shall elect a
new chairperson for the remainder of the two?year term.

2. The judge of longest service in the district shall serve
as the chair of a particular district judicial nominating
commission. If the judges of longest service in the district
are of equal service, the eldest of such judges shall be
chairperson of the particular judicial nominating commission.

Sec. 51. Section 46.7, Code 2019, is amended to read as
follows:

46.7 Eligibility to vote.

To be eligible to vote in elections of judicial nominating
commissioners, a member of the bar must be eligible to
practice and must be a resident of the state of Iowa and of
the apprOpriate congressional district or judicial election

 

 

 

 

 

 

 

 

Senate File 638, pc 23

 

at the
time the member votes in the election: The member's residency

shall be determined by the home address shown on the member?s

most recent electronic or paper submission to the commission

 

on continuing education and the client security commission Or
on the member?s bar admission recordsa A jadge who has been
admitted to the bar of the State of Idea shall be considered a
member of the bar.

Sec. 52. Section 46.8P Code 2019, is amended to read as
follows:

46.8 Certified list.

Bash?year?the Egg state Court administrator shall eerti?y

maintain a certified list of the names, addr?Sses, electronic

 

mail years of admission of members of the bar

 

who are eligible totvoteWEOr state and district-judicial~
nominating~commissioners.x~ 

2. Upon request, the state cour.t administrator shall
provide thE certified list in slootronic form and Without

 

charge to any properly qualified nominee for state or district

udiciel nominating 
Sec. 53.; ?ection-46.9, is amended to read-as

follows:;? 

 

lL. When an commissioners
is to terrains administer
the votin?;? The State cotrt?administrat0r may administer
the voting by electronic notification and voting or by paper-
ballot mailed to each eligible attorney. The state audit
administrator shall mail pasts ballots to eligible attorneys or

electronically?notifyiand enable eligible atto??eys t0?sote;?

 

2' The shall ?r'o'v-ird'e' 


submit a paper ballot: 1' 7 . 

 

 

 

 

 

 

 


.

Senate File 638, pg 24

3. In an election to elect a single commissioner, each
eligible attorney may cast a single vote, and the qualified
eligible elector receiving the most votes shall be elected.

4. In an election to elect one male commissioner and one
female commissioner, each eligible attorney may cast one vote
for male commissioner and one vote_for_female commissioner, and
the qualified eligible elector of each gender receiving the
most votes shall each be elected.

 

S. The election results, including the number of votes cast
for each elector and the total number of the members of the
bar eligible to vote in each election, shall be made publicly
available on the judicial branch internet site and shall be
reported to the governor and to the general assembly within ten
days after the conclusion of the election.

Sec. 54. Section 46.9A, Code 2019, is amended to read as
follows:

46.9A Notice preceding nomination of elective nominating
commissioners.

At least sixty days prior to the expiration of the term of an

elective state or district judicial nominating commissioner or

the expiration of the period within which a special election
must be held, the state court administrator shall mailmpapee

    

provide notice of the current or upcoming vacancy
and the nomination and election process by making the notice
publicly available on the judicial branch internet site,
issuing a press release, and electronically notifying members
of the bar. The election shall not commence until at least
thirty days after the issuance of the notice required by this
section. 

Sec. 55. Section 46.10, So?e 2019, is amended to read as
follows: 

46.10 Romination of elective judicial nominating
commissioners.

1. In order to have an eligible elector's name printed
on the ballot for state or district judicial nominating

 

 

 

 

 

 

 

Senate File 538, p. 25

commissioner, the eligible elector must file in the office of
the state court administrator at least thirty days prior to
expiration of the period within which the election must be
held a nominating petition signed by at least fifty?eesideet
ten eligible electors of the congressional
district in case of a candidate for state judicial neminating
commissioner, or at least ten fesideet~membees~e?~eh?~bae
eligible electors of the judicial district in case of a

 

 

candidate for district judicial nominating commissioner. Ne

 

v2. Ballots or electronic voting forms for state and district
judicial nominating commissioners shall contain blank lines
equal tOche number of such commissioners to be elected; where
names may be written in. Any electronic voting form must 

 

 

    
     

Sec. 56.
feilows:

of commissioners.

 

 

ens Upon making an anointment, the 'governor,

 

Shall certify
the names and addresses of 

 

??3ud1c1al

 

 

open the completion of an electiony?the7state?'

 

court administrator-Shall certify 

 

 

the elected, judicial "nominating commissionerstothe state

 

commissioner of ele?tions and the governor. 

 

Sec. 57. Seetion 46.12, 
to read as follows: 6 WJ 

1. ?When a Vacanoy occurs or Will occur within snagsenaresw 
twenty days in the supreme court, the court of appeals, 
district court, the state commiSsioner of electionsishafl
forthwith so notify the 
nominating?eemmeseiee governor. The governor shall

call a meeting of the proper judicial nominating oommissron
governor

fails to do so, the chief justice shall call such meeting. 

within ten d-ays after such notice, if the

 

 

 

 

 

 

 

Senate File 638, p. 26

Sec. 58. Section 46.13, Code 2019, is amended to read as
follows:

45.13 Notice of meetings and application process.

 

l; The governor or chairperson of each judicial nominating
commission shall give the members of the commission at least
five days' written notice by mail or electronic mail of the

 

time and place of every meeting. encept as to members who
execute written waivers of notice at or before the meeting or
unless the commission at its next previous meeting designated
the time and place of the meeting.

2. Each commission, with the technical support of the
judicial branch. shall publish all of the following on the
judicial branch internet site:

a. Notice that the commission is accepting applications
for judge or justice along with a cepy of the application form
at least two weeks before applications are required to be
submitted to the commission.

b. Copies of nonconfidential application materials submitted
by applicants.

 

c. The schedule of applicant interviews before the
commission.

d. The list of nominees submitted by the commission to the
governor and the chief justice.

3. Commissioners shall be permitted to conduct individual
interviews with applicants in advance of the commission's
meetings to choose the nominees.

4. The state judicial nominating commission shall adopt
uniform rules for the state and district judicial nominating
commissions that shall be consistent with this chapter
and shall provide for a uniform and fair process for the
commissions to consider applicants and select nominees. The
state judicial nominating commission shall provide for a public
comment period of at least thirty days on its proposed uniform
rules priorcto,adopting the rules and shall adopt the rules
within six months of the effective date of this division of
this Act. Such rules shall be made publicly available on the
judicial branch internet site.

Sec. 59. NEW SECTION. 46.15A Severability and judicial
review.

 

 

 

 

 

 

Senate File 638, p. 2?

1; If any provision or clause of this chapter or any
application of this chapter to any person or circumstances
is held invalid, such invalidity shall not affect other
provisions, clauses, or applications of this chapter which can
be given effect without.the invalid provision or application,
and to this end the provisions and clauses of this chapter are
declared to be severable.

2. Notwithstanding any provision of law to the contrary,
if any provision of this chapter is preliminarily enjoined,
no judicial nominating commission shall meet to nominate
persons to serve as a judge or justice while the preliminary
injunction is in effect or while any appeal of the preliminary
injunction or a related permanent injunction is pending unless
the injunctidn is subsequently stayed or otherwise lifted. 4

Sec. 60, ?This division of this
Acti being deemed of immediate importance, takes effect upon
enactment.

DIVISION XIV
CHIEF JUSTICE SELECTION
Sec. 619 Section 602v4l03, Code 2019v=is amended to read as
follows:
602,4103~ Chief justice;

 

   

1. At the.first meeting inmeach oddenumberedvyearf the.
justices of the supreme court by shall designate
one justice as 

a vacancy in the office of chief'jcsticesshail be filled for
the remainder of the unexpired term by manority?vote of the
justices of the supreme coast, after any vacanCy on the court
has been filled. 77 

the chief justicesdesires tombexrelieved of the duties
of chief justice while retaining the:statusfof j?stice of the

the other justices ef the supreme?douft._ mhe office of chief
justice shall be deemed vacant; as provided
in this section.

 

 

g; :Th? chief justiCe is eligible for rasele?tion.
g; The chief justice shall appoint one of the other justices

 

 

 

 

 

Senate File 638, p. 28

to act during the absence or inability of the chief justice
to act, and when so acting the appointee has all the rights,
duties, and powers of the chief justice.

Sec. 62. NEW SECTION. 602.4103A Transition provisions.

1. The term of the chief justice serving on the effective
date of this division of this Act shall expire on January
15, 2021, or upon the conclusion of the first meeting of the
justices of the supreme court in January 2021, whichever occurs
earlier.

2. If the office of chief justice becomes vacant prior to
the expiration of the term in January 2021, the office shall be
filled for the remainder of the unexpired term as provided for
in section 602.4103.

BWG July

CHARLES scn??is?s

President of the Senate

   
  

I hereby certify that this bill originated in the Senate and
is known as Senate File 638, Eighty?eighth General Assembly.


Approved I 2019

 

KIM REYNOLD
Governor

  

 

 

AFFIDAVIT

STATE OF IOWA 
SS:
COUNTY OF LINN 

Bob Rush, do under oath depose and state:

1. I am one of the plaintiffs in this action and a licensed lawyer in the state of
Iowa, a former lowa state senator and a resident of Linn County.

2. The allegations set out in the accompanying petition are to my knowledge
true and correct

3. This affiant and other plaintiffs are having their constitutional rights
violated with each day. The Governor has already appointed, unlawfully, a new
member of the State Nominating Commission.

4. In the absence of injunctive relief, the plaintiffs will suffer further

irreparable harm in the event the bill is codified and should other changes in the bill be
effected and implemented.

5. Based on the Constitution, the plaintiffs are likely to succeed on the
merits.

6. Injunctive relief is warranted in considering the circumstances confronting
the parties and balancing any harm that a temporary injunction may prevent against the
harm thatmay result from its issuance. Based on what affiant believes will be
undisputed facts, the plaintiffs have a likelihood of success on the merits.

7. A temporary injunction is necessary based upon the Supreme Court?s
decision in State v. Mabry, 460 472 (Iowa 1990), that requires a constitutional

challenge to be made prior to a bill being codified. Therefore, injunctive relief is
necessary at this time so that the Court may properly consider the merits of a

permanent injunction.
Wt,


Subscribed and sworn to before me this 14th day of May, 2019.
?Mg, LINDA .1. DEAN l? MQ?ew\
55$: 7 ?a
vow Notary Public in and for the State of Iowa
2 EXHIBIT 

9.