HCR 108 (LSB 6208HH (5) 85)

HOUSE CONCURRENT RESOLUTION NO. 108

BY  ISENHART, JACOBY, STECKMAN, HUNTER, KEARNS, M. SMITH, THOMAS, KRESSIG, ABDUL-SAMAD, HANSON, OURTH, WOOD, HEDDENS, COHOON, STAED, FORBES, KELLEY, RIDING, WINCKLER, GASKILL, STUTSMAN, BEARINGER, HALL, LENSING, OLDSON, R. OLSON, T. OLSON, WOLFE, H. MILLER, THEDE, PRICHARD, MASCHER, ANDERSON, DAWSON, MEYER, GAINES, RUFF, BERRY, MURPHY, MUHLBAUER, T. TAYLOR, WESSEL-KROESCHELL, DUNKEL, LYKAM, and RUNNING-MARQUARDT

A Concurrent Resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to allow Congress and the states to prohibit or otherwise regulate the expenditure of funds for political speech by corporate entities, and to limit or otherwise regulate political contributions and spending.

   WHEREAS, by a ruling of the United States Supreme Court, a corporation, limited liability company, or other type of corporate entity is now accorded greater rights of political activity than was previously lawful; and
   WHEREAS, those rights now allow a corporation, a limited liability company, or other type of corporate entity to use general treasury funds to make independent expenditures for electioneering communications or for speech that expressly advocates the election or defeat of a candidate for public office; and
   WHEREAS, this ruling overturns a century of legislative and judicial determinations making a distinction between the political free speech of natural persons and political activity by corporate entities; and
   WHEREAS, a corporate entity has far greater economic resources than does a natural person and may use those resources to advance political ideas; and
   WHEREAS, by a second ruling of the United States Supreme Court, statutory limits on overall campaign contributions by large individual donors to candidates, political parties, and political action committees have been struck down; and
   WHEREAS, these contribution limits, now in place for decades, are essential to ensure that small numbers of large donors do not have a disparate impact on the election process; and
   WHEREAS, restriction and regulation of corporate political activity, and unlimited contributions, is essential to prevent domination of the political process by corporate entities, and by small numbers of wealthy individuals; NOW THEREFORE,

   BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, That the General Assembly of the State of Iowa urges the Congress of the United States to propose an amendment to the Constitution of the United States, for submission to the states for ratification, providing in substance that the sovereign right of the people to govern being essential to a free democracy, Congress and the states may prohibit or otherwise regulate the expenditure of funds for political speech by any corporation, limited liability company, or other corporate entity, and may limit or otherwise regulate political contributions and spending; and

   BE IT FURTHER RESOLVED, That the Secretary of State shall transmit certified copies of this resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, the presiding officer in each house of the legislature in each of the states in the union, and each member of the Iowa congressional delegation.