Senate
File
347
-
Introduced
SENATE
FILE
347
BY
SORENSON
A
BILL
FOR
An
Act
designating
silver
and
gold
coin
as
legal
tender
in
1
payment
of
specified
debts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2546XS
(2)
84
rn/nh
S.F.
347
Section
1.
NEW
SECTION
.
421D.1
Legislative
intent.
1
The
general
assembly
finds
and
declares
that
the
state
is
2
experiencing
an
economic
crisis
of
severe
magnitude
caused
3
in
large
part
by
the
substitution
of
federal
reserve
notes
4
for
silver
and
gold
coin
as
legal
tender
in
this
state.
The
5
general
assembly
also
finds
and
declares
that
pursuant
to
6
Article
I,
section
10,
paragraph
1
of
the
Constitution
of
the
7
United
States,
and
the
tenth
amendment
to
the
Constitution
8
of
the
United
States,
it
is
necessary
to
protect
the
9
safety,
health,
and
welfare
of
the
citizens
of
this
state
by
10
guaranteeing
them
a
constitutional
and
economically
sound
11
monetary
system.
12
Sec.
2.
NEW
SECTION
.
421D.2
Definitions.
13
For
the
purposes
of
this
chapter,
unless
the
context
14
otherwise
requires:
15
1.
“Silver
and
gold
coin”
means
the
silver
and
gold
coins
16
of
the
United
States
coined
and
minted,
or
silver
and
gold
17
coins
of
any
foreign
nation
adopted
as
money
of
the
United
18
States,
by
authority
of
Congress
pursuant
to
Article
I,
section
19
8,
paragraph
5
of
the
Constitution
of
the
United
States
and
20
all
new
certificates
of
the
United
States
issued
by
authority
21
of
Congress
pursuant
to
Article
I,
section
8,
paragraph
5
of
22
the
Constitution
of
the
United
States,
which
certificates
are
23
redeemable
on
demand
in
silver
and
gold
coin
at
their
face
24
values.
“Silver
and
gold
coin”
does
not
include
any
note,
25
obligation,
security,
bill
of
credit,
or
other
form
or
species
26
of
paper
currency
or
other
instrument
or
document
intended
to
27
circulate
as
money
emitted
or
issued
by
the
United
States
or
28
any
department,
agency,
or
office
of
the
United
States;
or
by
29
the
federal
reserve
system
or
any
board,
committee,
member
30
bank,
instrumentality,
official,
or
agent
of
the
system.
31
2.
“State”
means
the
state
of
Iowa
and
all
executive
32
and
administrative
departments,
agencies,
courts,
33
instrumentalities,
and
political
subdivisions,
and
all
elected
34
and
appointed
officials,
employees,
and
agents
acting
in
their
35
-1-
LSB
2546XS
(2)
84
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5
S.F.
347
official
capacities.
1
Sec.
3.
NEW
SECTION
.
421D.3
Legal
tender
——
debt
payments.
2
Notwithstanding
any
other
provision
to
the
contrary,
the
3
state
shall
not
recognize,
employ,
or
compel
any
person
or
4
entity
to
recognize
or
employ
anything
other
than
silver
and
5
gold
coin
as
a
legal
tender
in
payment
of
any
debt
arising
out
6
of
the
following:
7
1.
Taxation
by
the
state.
The
applicable
authority
for
8
the
tax
shall
mandate
the
calculation
and
payment
of
the
tax
9
in
silver
and
gold
coin.
10
2.
Expropriation
of
private
property
pursuant
to
the
11
exercise
of
the
power
of
eminent
domain
by
the
state
or
by
any
12
entity
privileged
by
the
laws
of
the
state
to
exercise
this
13
power.
14
3.
Judgments,
decrees,
or
orders
of
any
court
or
15
administrative
agency
of
this
state
in
civil
or
criminal
16
actions
or
proceedings,
except
where
and
only
to
the
extent
17
that
the
court
or
agency
granting
an
award
shall
find,
on
the
18
basis
of
clear
and
convincing
evidence,
that
payment
of
silver
19
and
gold
coin
shall
not
constitute
just
compensation
for
the
20
damages
suffered
by
the
prevailing
party,
and
therefore
shall
21
mandate:
22
a.
Specific
performance
of
a
contract
or
agreement
by
other
23
than
the
payment
of
money.
24
b.
Specific
restitution
of
identifiable
property
other
than
25
money.
26
c.
Other
like
relief,
and
contracts
or
agreements
for
27
the
payment
of
wages,
salaries,
fees,
or
other
monetary
28
compensation
to
any
person,
corporation,
or
other
entity
who
29
or
which
shall
provide
goods
or
services
to
the
state
in
aid
of
30
performance
of
its
governmental
functions.
31
Sec.
4.
NEW
SECTION
.
421D.4
Units
and
measures
——
dollar
32
calculations.
33
1.
The
unit
and
measure
for
determining
what
shall
34
constitute
legal
tender
in
payment
of
any
debt
specified
in
35
-2-
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2546XS
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rn/nh
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5
S.F.
347
section
421D.3
is
the
standard
silver
dollar,
containing
three
1
hundred
seventy
one
and
twenty-five
hundredths
grains
or
troy
2
ounce
equivalent
of
fine
silver,
as
coined
or
minted
by
the
3
authority
of
Congress
from
time
to
time
pursuant
to
Article
4
I,
section
8,
paragraph
5
of
the
Constitution
of
the
United
5
States.
6
2.
The
value
of
any
silver
or
gold
coin
as
legal
tender
7
in
payment
of
any
debt
specified
in
section
421D.3
must
be
8
denominated
in
dollars
and
calculated
as
follows:
9
a.
The
value
of
any
silver
coin
must
be
calculated
by
10
dividing
the
weight
of
fine
silver
in
grains
or
troy
ounce
11
equivalent
that
the
coin
shall
contain
by
three
hundred
12
seventy-one
and
twenty-five
hundredths
grains
or
troy
ounce
13
equivalent,
and
expressing
the
quotient
in
dollars.
14
b.
The
value
of
any
gold
coin
shall
be
calculated
by
15
multiplying
the
weight
of
fine
gold
in
grains
or
troy
ounce
16
equivalent
that
the
coin
shall
contain
by
the
proportion
by
17
weight
between
silver
and
gold
as
determined
by
the
treasurer
18
of
state
by
dividing
the
product
of
such
multiplication
by
19
three
hundred
seventy-one
and
twenty-five
hundredths
grains
or
20
troy
ounce
equivalent,
and
expressing
the
quotient
in
dollars.
21
c.
At
the
beginning
of
each
business
day,
the
treasurer
of
22
state
shall
determine
the
average
proportion
by
weight
by
which
23
gold
exchanges
against
silver
in
the
major
precious
metals
24
market
or
markets
in
the
state,
and
shall
immediately
make
25
available
this
determination
to
any
person
upon
request
without
26
charge.
This
information
shall
be
permanently
certified
and
27
recorded
by
the
treasurer
of
state.
28
d.
On
and
after
July
1,
2011,
the
state
shall
denominate
all
29
public
accounts,
and
record
the
value
of
all
public
assets
and
30
liabilities,
in
standard
silver
dollars.
31
EXPLANATION
32
This
bill
designates
silver
and
gold
coin
as
legal
tender
in
33
payment
of
specified
debts.
34
The
bill
provides
legislative
intent
that
the
general
35
-3-
LSB
2546XS
(2)
84
rn/nh
3/
5
S.F.
347
assembly
finds
and
declares
Iowa
to
be
experiencing
an
1
economic
crisis
of
severe
magnitude
caused
in
large
part
by
2
the
substitution
of
federal
reserve
notes
for
silver
and
gold
3
coin
as
legal
tender.
The
bill
also
provides
that
the
general
4
assembly
finds
and
declares
that
pursuant
to
Article
I,
section
5
10,
paragraph
1
of
the
Constitution
of
the
United
States,
and
6
the
10th
amendment
to
the
Constitution
of
the
United
States,
it
7
is
necessary
to
protect
the
safety,
health,
and
welfare
of
the
8
citizens
of
this
state
by
guaranteeing
them
a
constitutional
9
and
economically
sound
monetary
system.
10
The
bill
provides
two
definitions.
The
bill
provides
that
11
“silver
and
gold
coin”
means
the
silver
and
gold
coins
of
the
12
United
States
coined
and
minted,
or
silver
and
gold
coins
of
13
any
foreign
nation
adopted
as
money
of
the
United
States,
by
14
authority
of
Congress
and
all
new
certificates
of
the
United
15
States
issued
by
authority
of
Congress,
which
certificates
are
16
redeemable
on
demand
in
silver
and
gold
coin
at
their
face
17
values.
The
bill
states
that
“silver
and
gold
coin”
does
not
18
include
any
note,
obligation,
security,
bill
of
credit,
or
19
other
form
or
species
of
paper
currency
or
other
instrument
20
or
document
intended
to
circulate
as
money
emitted
or
issued
21
by
the
United
States
or
any
department,
agency,
or
office
of
22
the
United
States;
or
by
the
federal
reserve
system
or
any
23
board,
committee,
member
bank,
instrumentality,
official,
24
or
agent
of
the
system.
The
bill
provides
that
“state”
25
means
the
state
of
Iowa
and
all
executive
and
administrative
26
departments,
agencies,
courts,
instrumentalities,
and
political
27
subdivisions,
and
all
elected
and
appointed
officials,
28
employees,
and
agents
acting
in
their
official
capacities.
29
The
bill
provides
that,
notwithstanding
any
other
provision
30
to
the
contrary,
Iowa
shall
not
recognize,
employ,
or
compel
31
any
person
or
entity
to
recognize
or
employ
anything
other
than
32
silver
and
gold
coin
as
a
legal
tender
in
payment
of
debts
or
33
obligations
arising
out
of
taxation
by
the
state,
where
the
34
applicable
authority
for
the
tax
shall
mandate
the
calculation
35
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LSB
2546XS
(2)
84
rn/nh
4/
5
S.F.
347
and
payment
of
the
tax
in
silver
and
gold
coin,
or
the
taking
of
1
private
property
by
eminent
domain.
Silver
and
gold
coin
shall
2
also
be
legal
tender
in
connection
with
judgments,
decrees,
3
or
orders
of
any
court
or
administrative
agency
of
this
state
4
in
civil
or
criminal
actions
or
proceedings,
except
where
and
5
only
to
the
extent
that
the
court
or
agency
granting
an
award
6
shall
find,
on
the
basis
of
clear
and
convincing
evidence,
7
that
payment
of
silver
and
gold
coin
shall
not
constitute
just
8
compensation
for
the
damages
suffered
by
the
prevailing
party.
9
The
bill
states
that
the
unit
and
measure
for
determining
10
what
shall
constitute
legal
tender
is
the
standard
silver
11
dollar,
containing
371.25
grains
or
troy
ounce
equivalent
of
12
fine
silver.
The
bill
also
provides
that
the
value
of
any
13
silver
or
gold
coin
as
legal
tender
must
be
denominated
in
14
dollars.
The
bill
provides
formulas
for
conversion
of
the
15
value
of
a
silver
or
gold
coin
into
dollar
equivalents.
16
The
bill
provides
that
at
the
beginning
of
each
business
17
day,
the
treasurer
of
state
shall
determine
the
average
18
proportion
by
weight
by
which
gold
exchanges
against
silver
in
19
the
major
precious
metals
market
or
markets
in
the
state,
shall
20
immediately
make
available
the
determination
to
any
person
21
upon
request
without
charge,
and
shall
permanently
certify
22
and
record
the
determination.
The
bill
further
provides
that
23
on
and
after
July
1,
2011,
the
state
shall
denominate
all
24
public
accounts,
and
record
the
value
of
all
public
assets
and
25
liabilities,
in
standard
silver
dollars.
26
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LSB
2546XS
(2)
84
rn/nh
5/
5