House File 764 - Introduced HOUSE FILE 764 BY COMMITTEE ON GOVERNMENT OVERSIGHT (SUCCESSOR TO HSB 247) A BILL FOR An Act relating to publication and procedural provisions 1 relating to proposed constitutional amendments and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2143HV (2) 88 ec/rn

H.F. 764 Section 1. Section 49A.1, Code 2019, is amended to read as 1 follows: 2 49A.1 Publication of proposed amendment. 3 1. Whenever any proposition to amend the Constitution has 4 passed the general assembly and been referred to the next 5 succeeding legislature, the state commissioner of elections 6 general assembly shall cause the same to be published as 7 provided in this section , once each month, in two newspapers 8 of general circulation in each congressional district in the 9 state, for the time required by the Constitution. 10 2. For purposes of complying with the publication 11 requirements of this section, the general assembly shall cause 12 the proposition to amend the Constitution to be published, once 13 each month, in two newspapers of general circulation in each 14 congressional district in the state and published, during each 15 month, on an internet site of the general assembly. 16 Sec. 2. Section 49A.3, Code 2019, is amended to read as 17 follows: 18 49A.3 Proof of publication —— record —— report to 19 legislature . 20 1. Proof of the publication required by section 49A.1 21 shall be filed by the general assembly in the office of the 22 state commissioner of elections, recorded in a book kept for 23 that purpose, and preserved by the commissioner. Proof of 24 publication required by this subsection shall be made by the 25 general assembly as follows: 26 a. Proof of publication by newspaper shall be made by filing 27 in the office of the state commissioner of elections affidavits 28 of the publishers of the newspapers designated by the general 29 assembly for publication and a certificate by the general 30 assembly of the selection of such newspapers. 31 b. Proof of publication on an internet site of the general 32 assembly shall be made by filing a certificate by the general 33 assembly in the office of the state commissioner of elections 34 that publication as described in this paragraph has been made 35 -1- LSB 2143HV (2) 88 ec/rn 1/ 5

H.F. 764 as required by law. 1 2. Proof of the publication specified in sections 49A.1 and 2 section 49A.2 shall be made by the affidavits of the publishers 3 of the newspapers designated by the state commissioner of 4 elections and such affidavits, with the certificate of the 5 state commissioner of the selection of such newspapers, shall 6 be filed in the commissioner’s office, recorded in a book kept 7 for that purpose, and preserved by the commissioner , and in the 8 case of constitutional amendments the commissioner shall report 9 to the following legislature the action in the premises . 10 Sec. 3. Section 49A.5, Code 2019, is amended to read as 11 follows: 12 49A.5 Submission at special election. 13 The general assembly may provide for the submission 14 of a constitutional amendment to the people at a special 15 election for that purpose, at such time as it may prescribe, 16 proclamation for which election shall be made by the governor, 17 and the same shall in all respects be governed and conducted 18 as prescribed by law for the submission of a constitutional 19 amendment at a general election. 20 Sec. 4. Section 49A.9, Code 2019, is amended to read as 21 follows: 22 49A.9 Expenses. 23 Expenses incurred under the provisions of this chapter shall 24 be audited and allowed by the director of the department of 25 administrative services and paid out of any money in the state 26 treasury not otherwise appropriated to the state commissioner 27 of elections . 28 Sec. 5. Section 49A.10, Code 2019, is amended to read as 29 follows: 30 49A.10 Action to test legality. 31 1. Whenever an amendment to the Constitution of the State 32 of Iowa shall have been proposed and agreed to by the general 33 assembly and shall have been agreed to by the succeeding 34 general assembly, any taxpayer may file suit in equity in 35 -2- LSB 2143HV (2) 88 ec/rn 2/ 5

H.F. 764 the district court at the seat of government of the state, 1 challenging the validity, legality or constitutionality of 2 such amendment, or the procedure connected therewith, and 3 in such suit the district court shall have jurisdiction to 4 determine the validity, legality or constitutionality of said 5 amendment or the procedure connected therewith, and enter 6 its decree accordingly, and may grant a writ of injunction 7 enjoining the governor and state commissioner of elections 8 from submitting such constitutional amendment , if it, or the 9 procedure connected therewith, the proposed constitutional 10 amendment shall have been found to be invalid, illegal or 11 unconstitutional. 12 2. An amendment to the Constitution of the State of 13 Iowa which has been proposed and agreed to by the general 14 assembly and has been agreed to by the succeeding general 15 assembly shall not be determined invalid in any action 16 challenging the validity, legality, or constitutionality of 17 such amendment in the event of an error or omission occurring 18 with the publication requirements of section 49A.1 and shall 19 be submitted to the electorate for ratification at the next 20 general or special election as determined by the general 21 assembly. 22 Sec. 6. REPEAL. Section 49A.7, Code 2019, is repealed. 23 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate 24 importance, takes effect upon enactment. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill concerns certain publication and procedural 29 requirements relating to proposed constitutional amendments. 30 Code section 49A.1 is amended to require the general 31 assembly, and not the state commissioner of elections, to 32 publish a proposition to amend the Constitution once the 33 proposition has passed the general assembly and been referred 34 to the next succeeding legislature for the time required by 35 -3- LSB 2143HV (2) 88 ec/rn 3/ 5

H.F. 764 the Constitution. In addition to publication by newspaper 1 as authorized by current law, the bill requires the general 2 assembly to publish on an internet site of the general 3 assembly. 4 Code section 49A.3, concerning proof of publication, 5 is amended for purposes of publication of a proposed 6 constitutional amendment. The bill requires the general 7 assembly, and not the state commissioner of elections, to file 8 proof of publication to the state commissioner of elections 9 and specifies the proof required depending on the manner of 10 publication. For publication by newspaper, the bill requires 11 the general assembly to provide proof as currently required 12 for the state commissioner of elections for publication by 13 newspaper. For publication on an internet site of the general 14 assembly, the bill requires the general assembly to file 15 a certificate in the office of the state commissioner of 16 elections that publication has been made as required by law. 17 Code section 49A.7, repealed by the bill, requires the 18 governor to issue a proclamation at least 60 days before the 19 date a proposition to amend the Constitution is to be submitted 20 to a vote of the electors. Code section 49A.5, governing 21 submission of a proposed constitutional amendment at a special 22 election, is also amended to strike the requirement that the 23 governor issue a proclamation on the special election. 24 Code section 49A.9 is amended to provide that expenses 25 incurred under Code chapter 49A shall be paid from money 26 appropriated to the state commissioner of elections and not 27 from money not otherwise appropriated. 28 Code section 49A.10, which authorizes a suit by a taxpayer to 29 challenge the legality of a proposed constitutional amendment, 30 is amended to strike the ability of the taxpayer to challenge 31 the procedure connected with the proposed amendment. In 32 addition, the bill provides that a proposed constitutional 33 amendment agreed to by two succeeding general assemblies shall 34 be submitted to the electorate for ratification and shall not 35 -4- LSB 2143HV (2) 88 ec/rn 4/ 5

H.F. 764 be determined invalid as a result of an error or omission 1 occurring with the publication requirements of Code section 2 49A.1. 3 The bill takes effect upon enactment. 4 -5- LSB 2143HV (2) 88 ec/rn 5/ 5