18AO:0004 Constitutional compliance of statutory text

Topics:

Advisory Opinions
Advisory Opinions: Nonjurisdictional

18AO:0004

Date: March 15, 2018

Subject: Constitutional compliance of statutory text

Kevin Kilgore
​1695 115th Street
Diagonal, Iowa 50845

Dear Mr. Kilgore:

This opinion is in response to your filing of March 2, 2018, requesting an opinion from the Iowa Public Information Board (IPIB) pursuant to Iowa Code section 23.6 and rule 497β€”1.2.  We note at the outset that IPIB’s jurisdiction is limited to the application of Iowa Code chapters 21, 22, and 23, and rules in Iowa Administrative Code chapter 497.  Advice in a Board opinion, if followed, constitutes a defense to a subsequent complaint based on the same facts and circumstances.

FACTUAL STATEMENT:  You request an advisory opinion regarding the Constitutional compliance of statutory text.

QUESTIONS:

  1. What judicial interpretation(s) of Constitution Art I Β§ 20 allows statutory text which limits citizen right to petition by imposing prerequisites on what constitutes a valid petition?
  2. What process for judicial review exists to purge the Code of Constitutionally non-complaint statutes?
  3. What process for censure exists for authoring and/or approving Constitutionally non-complaint statutes?

OPINION:

The question you ask is not within the jurisdiction of the IPIB.  Rule 497-1.2 states:

497β€”1.2(23) Requirements for requesting board advisory opinions. 1.2(1) Jurisdiction. The board will only issue advisory opinions pertaining to Iowa Code chapters 21 and 22, or rules adopted thereunder. The board shall not have jurisdiction over the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or over the governor or the office of the governor.

Pursuant to Iowa Administrative Rule 497-1.3(3), a person who has received a board opinion may, within 30 days after the issuance of the opinion, request modification or reconsideration of the opinion.  A request for modification or reconsideration shall be deemed denied unless the board acts upon the request within 60 days of receipt of the request.  The IPIB may take up modification or reconsideration of an advisory opinion on its own motion within 30 days after the issuance of an opinion.

Pursuant to Iowa Administrative Rule 497-1.3(5), a person who has received a board opinion or advice may petition for a declaratory order pursuant to Iowa Code section 17A.9.  The IPIB may refuse to issue a declaratory order to a person who has previously received a board opinion on the same question, unless the requestor demonstrates a significant change in circumstances from those in the board opinion.

BY DIRECTION AND VOTE OF THE BOARD
Mary Ungs-Sogaard, Chair
E. J. Giovannetti
Keith Luchtel
​Monica McHugh
Frederick Morain
William Peard
Julie Pottorff
Suzan Stewart
Renee Twedt       

Submitted by:
Margaret E. Johnson, Executive Director

ISSUED ON:
3/15/18