House File 575 - Introduced HOUSE FILE 575 BY PEARSON A BILL FOR An Act establishing an Iowa freedom and sovereignty Act and 1 including penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2392HH (5) 84 jp/rj
H.F. 575 Section 1. NEW SECTION . 1.19 Iowa freedom and sovereignty 1 Act. 2 1. Short title. This section shall be known as and may be 3 cited as the “Iowa Freedom and Sovereignty Act” . 4 2. Findings. The general assembly finds and declares all of 5 the following relating to federal and state law: 6 a. The Declaration of Independence states the principles 7 underlying all law in the United States. 8 b. The principles from the Declaration of Independence 9 provided the basis for the Constitution of the United States 10 and the Constitution of the State of Iowa, and for providing 11 that basis many consider those principles to be supreme over 12 those constitutions. 13 c. The purpose of the constitutions and for governments 14 is to secure for all citizens of the United States, as stated 15 by the Declaration of Independence, certain “unalienable 16 Rights, that among these are Life, Liberty, and the pursuit of 17 Happiness”. 18 d. The form of government established by the founders 19 of this nation can be best described as a republic, not a 20 democracy, and as a republic, sovereign power is vested in 21 citizens individually, not collectively. 22 e. The ninth, tenth, and eleventh amendments to the 23 Constitution of the United States address the rights retained 24 by the people, the powers reserved to the states or to the 25 people, and constraints on the judicial power of the United 26 States relative to suits against one state by citizens of 27 another state or by citizens or subjects of a foreign state. 28 f. The Constitution of the United States establishes the 29 constitution and the laws and treaties of the United States as 30 the supreme law of the United States. 31 g. The sovereign people of the United States have 32 not approved any amendment to alter the authority of the 33 Constitution of the United States. 34 3. Definitions. For the purposes of this section, unless 35 -1- LSB 2392HH (5) 84 jp/rj 1/ 6
H.F. 575 the context otherwise requires: 1 a. “Contract” includes arbitration agreement or other 2 agreement. 3 b. “Foreign law” means any law enacted by a jurisdiction 4 or a governmental or quasi-governmental body other than the 5 federal government or a state of the United States. “Foreign 6 law” includes a religious law, legal code, accord, or ruling 7 promulgated or made by an international organization, tribunal, 8 or formal or informal administrative body. 9 4. Implementation and effect. 10 a. Any foreign law or other law that is in conflict with the 11 principles of the Declaration of Independence, the Constitution 12 of the United States, or the Constitution of the State of Iowa 13 shall not have force or effect in this state. 14 b. The general assembly shall enact laws necessary for the 15 implementation of this section. 16 c. This section takes precedence over any other law relating 17 to the sovereignty and rights of the citizens of this state. 18 5. Jurisdiction. 19 a. A court of this state shall not relinquish jurisdiction 20 over a sovereign citizen of this state in any proceeding that 21 would be in conflict with the requirements and intent of this 22 section. 23 b. It is the public policy of this state that the only 24 factor that a court, administrative agency, arbitrator, 25 mediator, or other person acting under authority of this 26 state’s laws shall consider in granting comity to a decision 27 rendered under a foreign law that affects a sovereign citizen 28 of this state is whether the decision violates the sovereign 29 citizen’s rights under the Constitution of the United States or 30 the Constitution of the State of Iowa. 31 6. Contracts. 32 a. If a contract provides for the choice of a foreign law 33 to govern the enforcement or interpretation of the contract or 34 the resolution of any claim or dispute involving the contract 35 -2- LSB 2392HH (5) 84 jp/rj 2/ 6
H.F. 575 and a sovereign citizen of this state, and if the choice of a 1 foreign law either results or would result in a violation of 2 the sovereign citizen’s rights under the Constitution of the 3 United States or the Constitution of the State of Iowa, it is 4 the public policy of this state that the only factor considered 5 in interpreting, enforcing, or applying the contract shall be 6 the preservation of the sovereign citizen’s rights under the 7 Constitution of the United States or the Constitution of the 8 State of Iowa. 9 b. If a sovereign citizen of this state who is subject 10 to personal jurisdiction in this state pursues litigation, 11 arbitration, agency action, or other similar binding proceeding 12 in this state and a court in this state finds that the court 13 granting a claim of forum non conveniens or other claim 14 that the convenience of the parties and ends of justice 15 would be better served if the proceeding is heard in another 16 jurisdiction, or if the court finds that granting the claim 17 would result in a violation of the constitutional rights of the 18 sovereign citizen of this state in the foreign forum, it is the 19 public policy of this state that the claim be denied. 20 c. This subsection shall not be interpreted as a limitation 21 on the right of a sovereign citizen of this state to 22 voluntarily reject or otherwise limit the sovereign citizen’s 23 constitutional rights in a contract or to make a specific 24 waiver of such right consistent with constitutional principles. 25 However, the language of such contract or waiver shall be 26 strictly construed in favor of preserving the sovereign 27 citizen’s constitutional rights. 28 7. Compliance. 29 a. A judge in this state shall not issue orders to levy or 30 execute on the property of a sovereign citizen of this state 31 to collect any amount assessed against the sovereign citizen 32 for failure to comply with a foreign law that violates the 33 sovereign citizen’s rights under the Constitution of the United 34 States or the Constitution of the State of Iowa. A person 35 -3- LSB 2392HH (5) 84 jp/rj 3/ 6
H.F. 575 who violates this subsection is subject to any disciplinary 1 sanction available to the state bar, including but not limited 2 to suspension or disbarment. 3 b. A federal judge in this state who exercises jurisdiction 4 over a sovereign citizen of this state in a case involving 5 foreign law which results in violation of the sovereign 6 citizen’s rights and privileges under the Constitution of the 7 United States or the Constitution of the State of Iowa is 8 subject to sua sponte and sovereign citizen-initiated grievance 9 proceedings before the state bar for doing so. If the exercise 10 of jurisdiction is determined to have resulted in violation of 11 the sovereign citizen’s rights and privileges, the judge is 12 subject to any disciplinary sanction available to the state 13 bar, including but not limited to suspension or disbarment. 14 c. A federal official in this state or a state official 15 shall not issue orders to levy or execute on the property of a 16 sovereign citizen of this state to collect any amount assessed 17 against the sovereign citizen for failure to comply with a 18 foreign law that violates the sovereign citizen’s rights under 19 the Constitution of the United States or the Constitution of 20 the State of Iowa. 21 d. A bank, credit union, trustee, investment broker, or 22 depository in this state is not authorized to pay over any 23 sums claimed to be due under an order or writ of attachment 24 or garnishment if the order or writ is for the purpose of 25 collecting any amounts assessed against a sovereign citizen 26 for failure to comply with a foreign law that violates the 27 sovereign citizen’s rights under the Constitution of the United 28 States or the Constitution of the State of Iowa. 29 e. (1) An official, agent, or employee of a state or 30 federal government or an employee of a corporation providing 31 services to state or federal government in this state who 32 enforces or attempts to enforce a foreign law in violation of 33 this section commits a class “D” felony. 34 (2) A party aggrieved by a violation of this section as 35 -4- LSB 2392HH (5) 84 jp/rj 4/ 6
H.F. 575 described in this paragraph “e” shall have a private right of 1 action against the person who committed the violation. 2 8. Applicability. The public policies expressed in this 3 section are applicable only to an actual or foreseeable 4 violation of a sovereign citizen’s rights under the 5 Constitution of the United States or the Constitution of the 6 State of Iowa resulting from compliance with or enforcement of 7 a foreign law. 8 EXPLANATION 9 This bill establishes an Iowa freedom and sovereignty Act 10 in new Code section 1.19. The bill restricts enforcement of 11 provisions based on foreign law, as defined by the bill, that 12 would violate the rights and privileges under the Constitution 13 of the United States or the Constitution of the State of Iowa 14 of a sovereign citizen of this state. The bill establishes 15 that sovereignty is vested in citizens individually and not 16 collectively. 17 New Code section 1.19 is organized into subsections 18 establishing the “Iowa Freedom and Sovereignty Act” as the 19 short title for the legislation. “Foreign law” is defined 20 to mean any law enacted by a jurisdiction or a governmental 21 or quasi-governmental body other than the federal government 22 or a state of the United States. “Foreign law” includes a 23 religious law, legal code, accord, or ruling promulgated by an 24 international organization, tribunal, or formal or informal 25 administrative body. 26 The bill lists legislative findings concerning the meaning 27 and effect of the Declaration of Independence, the Constitution 28 of the United States, and the Constitution of the State of 29 Iowa; defines terms; describes the implementation and effect 30 of the bill; protects the jurisdiction of the courts of 31 this state; addresses how the provisions of the bill affect 32 contracts; addresses judicial compliance by authorizing the 33 state bar to apply sanctions to judges; prohibits financial 34 institutions from paying on an order of attachment or 35 -5- LSB 2392HH (5) 84 jp/rj 5/ 6
H.F. 575 garnishment if in conflict with the bill; and prohibits federal 1 and state officials from enforcing or attempting to enforce 2 a foreign law in violation of the bill, applying criminal 3 penalties and a private right of action against federal and 4 state officials for violating the bill’s prohibitions. If an 5 official, agent, or employee of a state or federal government 6 or an employee of a corporation providing services to a state 7 or federal government enforces or attempts to enforce a foreign 8 law in violation of the bill, the penalty is a class “D” 9 felony, which is punishable by confinement for no more than 10 five years and a fine of at least $750 but not more than $7,500. 11 The bill provides that the public policies expressed are 12 applicable only to an actual or foreseeable violation of a 13 sovereign citizen’s constitutional rights resulting from 14 compliance with or enforcement of a foreign law. 15 -6- LSB 2392HH (5) 84 jp/rj 6/ 6