H.F. 419 Section 1. NEW SECTION . 2E.1 Short title. 1 This chapter shall be known and may be cited as the “Iowa 2 Sovereignty Protection Act” . 3 Sec. 2. NEW SECTION . 2E.2 Definitions. 4 For the purposes of this chapter, unless the context 5 otherwise requires: 6 1. “Commission” means the tenth amendment commission created 7 in section 2E.5. 8 2. “Government action” means any act, order, law, statute, 9 rule, regulation, or other action by a government including 10 the legislative, executive, and judicial branches of the 11 government. “Government action” includes a memorandum of 12 agreement, memorandum of understanding, compact, or other 13 similar binding agreement with the federal government, a 14 government or nongovernmental organization, or a unit of state 15 or local government located outside this state. 16 Sec. 3. NEW SECTION . 2E.3 Legislative findings. 17 The general assembly finds all of the following: 18 1. The Declaration of Independence declares that the 19 colonies ought to be free and independent states. 20 2. The Declaration of Independence avers that the people of 21 the United States have the right to alter or abolish any form 22 of government which becomes destructive to the self-evident 23 truths that all persons are created equal, that they are 24 endowed by their creator with certain unalienable rights; 25 that among these rights are life, liberty, and the pursuit of 26 happiness. 27 3. The Constitution of the United States and the laws and 28 treaties of the United States are the supreme law of the United 29 States. 30 4. The Constitution of the United States enumerates certain 31 specific powers delegated to the federal government. 32 5. The ninth amendment to the Constitution of the United 33 States reads as follows: “The enumeration in the Constitution, 34 of certain rights, shall not be construed to deny or disparage 35 -1- LSB 1126YH (9) 84 jp/rj 1/ 9

H.F. 419 others retained by the people.” 1 6. The tenth amendment to the Constitution of the United 2 States reads as follows: “The powers not delegated to the 3 United States by the Constitution, nor prohibited by it to the 4 States, are reserved to the States respectively, or to the 5 people.” 6 7. Article 4, section 4, of the Constitution of the United 7 States reads, in part, as follows: “The United States shall 8 guarantee to every State in this Union a Republican Form of 9 Government”. 10 Sec. 4. NEW SECTION . 2E.4 Role of federal government 11 relative to the states. 12 The general assembly finds all of the following regarding 13 the role of the federal government relative to the states: 14 1. The state of Iowa is not bound in unlimited submission 15 to the federal government. Under the style and title of the 16 Constitution of the United States, and of the amendments to 17 that constitution, the states constituted a federal government 18 for special purposes and delegated to that government certain 19 definite powers while generally reserving to each state the 20 right to self-government that is controlled by the people. 21 2. Whenever the federal government assumes powers not 22 delegated to it by the states, the assumption of those powers 23 should not be considered authoritative, but instead should 24 be considered as void and having no force and effect. The 25 Constitution of the United States provides a compact to which 26 Iowa and each other state acceded as a state, and to which 27 each is an integral party. The federal government created 28 by this compact was not made the exclusive or final judge of 29 the extent of the powers delegated to the federal government, 30 since that conclusion would substitute the federal government’s 31 judgment about those powers for the enumeration of powers in 32 the Constitution of the United States. Instead, as in all 33 other compacts between parties having no common judge, each 34 party has an equal right to judge for itself whether there 35 -2- LSB 1126YH (9) 84 jp/rj 2/ 9

H.F. 419 is an infraction and the mode and measure of redress of the 1 infraction. 2 Sec. 5. NEW SECTION . 2E.5 Tenth amendment commission —— 3 membership. 4 1. The tenth amendment commission is created under the 5 control and supervision of the legislative council. The 6 commission shall consist of the following members: 7 a. Five voting members of the senate, with three appointed 8 by the majority leader of the senate and two appointed by the 9 minority leader of the senate. The appointees shall include 10 at least two members of the senate standing committee on 11 judiciary. The majority leader, president, minority leader, 12 assistant majority and minority leaders of the senate, and the 13 president pro tempore of the senate shall not be appointed to 14 the commission. 15 b. Five voting members of the house of representatives, 16 with three appointed by the speaker and two appointed by 17 the minority leader of the house of representatives. The 18 appointees shall include at least two members of the house 19 standing committee on judiciary. The speaker, majority leader, 20 minority leader, assistant majority and minority leaders, and 21 speaker pro tempore of the house of representatives shall not 22 be appointed to the commission. 23 c. The governor and the attorney general shall each appoint 24 one nonvoting member to attend commission meetings and provide 25 insight and opinions from those offices. 26 2. The voting members of the commission shall serve for 27 terms as provided in section 69.16B. 28 3. The commission shall elect from among its members a 29 co-chairperson from each chamber who shall serve as commission 30 chairperson on an alternating monthly basis, as well as other 31 officers as the commission considers necessary or appropriate. 32 The commission shall meet for at least ten regular monthly 33 meetings per year. Either co-chairperson may call additional 34 meetings. 35 -3- LSB 1126YH (9) 84 jp/rj 3/ 9

H.F. 419 4. Six or more voting members of the commission constitute 1 a quorum for the transaction of business at a meeting of the 2 commission. A majority of the voting members is required for 3 official action of the commission. A member with unexcused 4 absences for more than two regular meetings in one calendar 5 year shall be replaced within thirty days of the third absence. 6 5. Members of the commission shall serve without payment 7 of per diem. However, members of the commission may be 8 reimbursed for reasonable and necessary expenses incurred in 9 the performance of their official duties. 10 Sec. 6. NEW SECTION . 2E.6 Tenth amendment commission 11 duties. 12 1. The tenth amendment commission shall monitor and issue 13 findings identifying federal government actions or proposed 14 federal government actions affecting this state that require 15 or would require this state or a state officer to execute 16 or enforce a provision of federal law that violates the 17 Constitution of the State of Iowa or that lies outside the 18 federal government’s enumerated powers under the Constitution 19 of the United States and intrudes on the sovereignty reserved 20 to the states by the ninth and tenth amendments of the 21 Constitution of the United States, or that provides that the 22 state of Iowa can be denied ordinarily available federal 23 funding for not adopting certain laws or regulations. 24 2. If a government action is a memorandum of agreement, 25 memorandum of understanding, compact, or other similar 26 binding agreement with the federal government, a government 27 or nongovernmental organization, or a unit of state or local 28 government located outside this state, this state’s party to 29 the government action shall forward the document containing 30 the terms of the government action to the commission. For 31 such government actions entered into on or after the effective 32 date of this Act, such documents shall be forwarded to the 33 commission prior to the state action being finalized. 34 3. If a member of the general assembly who is not a 35 -4- LSB 1126YH (9) 84 jp/rj 4/ 9

H.F. 419 member of the commission obtains the signatures from at 1 least one-third of the members from the member’s chamber on a 2 petition stating that a federal government action or pending 3 federal government action should or could be identified in a 4 finding by the commission as unconstitutional or should or 5 could meet other criteria for a finding under subsection 1, the 6 commission shall study the issue and determine whether or not 7 to issue such a finding within ninety calendar days of the date 8 the petition was received. A member of the general assembly 9 shall not petition the commission in such a manner more than 10 once per calendar year. 11 4. Approval of a finding issued under this section requires 12 an affirmative vote by the majority of each chamber’s voting 13 members of the commission. 14 Sec. 7. NEW SECTION . 2E.7 Tenth amendment commission 15 legislation. 16 1. a. If at any time the commission issues a finding 17 under section 2E.6, subject to the affirmative vote by the 18 majority of each chamber’s voting members, the commission shall 19 introduce a joint resolution in the chamber selected by the 20 commission to declare the government action described in the 21 finding to be null and void and unenforceable as the government 22 action applies to the state of Iowa. 23 b. The joint resolution shall not be referred to any 24 committee of the general assembly but shall be considered by 25 the chamber in which introduced with a record roll call vote 26 within ten session days of introduction. However, if the joint 27 resolution includes a determination that fewer than ten session 28 days likely remain before adjournment sine die of the regular 29 legislative session, the joint resolution shall be considered 30 by the chamber in which introduced with a record roll call 31 vote within five session days of introduction. If the general 32 assembly is in extraordinary session, the commission shall 33 identify a time and date for consideration of the joint 34 resolution by both chambers and the joint resolution shall be 35 -5- LSB 1126YH (9) 84 jp/rj 5/ 9

H.F. 419 considered by the chamber in which introduced with a record 1 roll call vote on or before the date and time identified. 2 c. Upon passage of the joint resolution by the originating 3 chamber, the joint resolution shall be sent to the opposite 4 chamber and shall be considered by a record roll call vote 5 by the opposite chamber within ten session days of passage. 6 However, if the joint resolution includes a determination that 7 fewer than ten session days likely remain before adjournment 8 sine die of the regular legislative session, the joint 9 resolution shall be considered by the opposite chamber with 10 a record roll call vote within five session days of passage 11 by the originating chamber. If the general assembly is in 12 extraordinary session, the joint resolution shall be considered 13 by the opposite chamber with a record roll call vote on or 14 before the date and time identified by the commission. 15 2. Enforcement of a joint resolution approved by the general 16 assembly in accordance with this section may require action 17 on the part of the attorney general. If requested by either 18 chamber of the general assembly or the legislative council, 19 the attorney general shall initiate action in any court of the 20 United States or intervene and appear for the people of the 21 state of Iowa to enforce the joint resolution. 22 3. A joint resolution approved by the general assembly 23 in accordance with this section is not subject to approval 24 or veto by the governor. The governor shall not issue an 25 executive order overturning the joint resolution or executing 26 or enforcing the federal law contrary to the provisions of the 27 joint resolution. 28 Sec. 8. NEW SECTION . 2E.8 Tenth amendment commission —— 29 legislative process. 30 Nothing in this chapter shall be construed to prevent any 31 member of the general assembly from introducing legislation on 32 any issue within the purview of the general assembly. 33 Sec. 9. APPOINTMENT —— INITIAL MEETING. 34 1. The members first appointed to the commission created by 35 -6- LSB 1126YH (9) 84 jp/rj 6/ 9

H.F. 419 this Act shall be appointed within thirty calendar days of the 1 effective date of this Act. 2 2. The first meeting of the commission created by this 3 Act shall be called by the majority leader of the senate and 4 speaker of the house of representatives not later than sixty 5 calendar days after the effective date of this Act. 6 Sec. 10. EFFECTIVE UPON ENACTMENT. This Act, being deemed 7 of immediate importance, takes effect upon enactment. 8 EXPLANATION 9 This bill creates a tenth amendment commission under the 10 legislative council in new Code chapter 2E. 11 New Code section 2E.1 provides a short title for the 12 legislation to be known and cited as the “Iowa Sovereignty 13 Protection Act”. 14 New Code section 2E.2 defines the term “government action” 15 to mean any Act, order, law, statute, rule, regulation, 16 or other action by a government including the legislative, 17 executive, and judicial branches of the government. 18 “Government action” includes a memorandum of agreement, 19 memorandum of understanding, compacts, or other similar binding 20 agreement with a government or nongovernmental organization or 21 unit of government located outside this state, including but 22 not limited to the federal government or its agents. 23 New Code section 2E.3 provides legislative findings 24 concerning the Declaration of Independence and Constitution of 25 the United States generally and the ninth and tenth amendments 26 to that constitution in particular. 27 New Code section 2E.4 provides legislative findings 28 concerning the role of the federal government relative to the 29 states. 30 New Code section 2E.5 creates the tenth amendment 31 commission, and provides for appointment of 10 legislators as 32 voting members and governor and attorney general designees 33 as nonvoting members. The membership from each chamber is 34 required to include at least two members of the committee on 35 -7- LSB 1126YH (9) 84 jp/rj 7/ 9

H.F. 419 judiciary and is prohibited from including various legislative 1 leaders. 2 New Code section 2E.6 delineates the duties of the 3 commission to monitor government actions, as defined by the 4 bill, and to issue findings concerning the constitutionality 5 of the government actions or whether the government actions 6 provide that the state of Iowa can be denied ordinarily 7 available federal funding for not adopting certain laws or 8 regulations. 9 For government actions involving memoranda of agreement, 10 memoranda of understanding, or other legally binding agreements 11 with the federal government, a government or nongovernmental 12 organization, or a unit of state or local government located 13 outside this state, this state’s party to the government 14 action is required to forward the document containing the 15 terms of the government action to the commission. For such 16 government actions entered into on or after the effective date 17 of the bill, the documents are required to be forwarded to the 18 commission prior to the state action being finalized. 19 A petition procedure is included so that a member of the 20 general assembly who is not a member of the commission and 21 collects the signatures of at least one-third of the membership 22 of the member’s chamber can require the commission to review a 23 particular government action. 24 An affirmative vote by the majority of each chamber’s 25 voting members of the commission is required for issuance of 26 a finding. 27 New Code section 2E.7 provides that if a finding is issued 28 by the commission, the commission is required, upon the 29 affirmative vote of a majority of the commission voting members 30 from each chamber, to introduce a joint resolution to declare 31 the government action described in the finding to be null and 32 void and unenforceable as the government action applies to the 33 state of Iowa. The joint resolution is to be introduced in 34 the chamber selected by the commission, cannot be referred to 35 -8- LSB 1126YH (9) 84 jp/rj 8/ 9

H.F. 419 any committee of the general assembly, and is required to be 1 considered by the chamber in which introduced with a record 2 roll call vote within 10 session days of introduction. If 3 the resolution contains a determination that fewer than 10 4 session days likely remain before adjournment sine die of the 5 regular legislative session, or the general assembly is in 6 extraordinary session as determined by the commission, the 7 joint resolution is subject to an expedited time frame. 8 The attorney general is required to initiate action or 9 intervene and appear for the people of the state of Iowa to 10 enforce the joint resolution in any United States court, upon 11 request by either chamber of the general assembly or the 12 legislative council. The joint resolution is not subject to 13 approval or veto by the governor. The governor is prohibited 14 from issuing an executive order overturning the joint 15 resolution or executing or enforcing the federal law contrary 16 to the provisions of the joint resolution. 17 New Code section 2E.8 provides that the new Code chapter does 18 not prevent any member of the general assembly from introducing 19 legislation on any issue within the purview of the general 20 assembly. 21 A temporary law provision requires the initial members of 22 the commission to be appointed within 30 calendar days of the 23 effective date of the bill and for the first meeting of the 24 commission to be called by the majority leader of the senate 25 and speaker of the house of representatives not later than 60 26 calendar days after the bill’s effective date. 27 The bill takes effect upon enactment. 28 -9- LSB 1126YH (9) 84 jp/rj 9/ 9