HOUSE FILE 575

BY  PEARSON

A BILL FOR

An Act establishing an Iowa freedom and sovereignty Act and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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