HF 2061 (LSB 5392YH (2) 89)

HOUSE FILE 2061

BY  WILLS

A BILL FOR

An Act concerning persons appointed to a convention called by the United States Congress to propose amendments to the United States Constitution, providing a penalty, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  38.1  Definitions.
   For purposes of this chapter, unless the context otherwise requires:
   1.  “Article V convention” means a convention called by the United States Congress pursuant to Article V of the United States Constitution upon application of the legislatures of at least two-thirds of the states to propose amendments to the United States Constitution.
   2.  “Commissioner” means a person selected to represent the state at an Article V convention.
   3.  “Unauthorized amendment” means a proposed amendment to be considered at an Article V convention that is outside the subject matter of the state’s joint resolution applying to Congress to call the Article V convention or that is in contravention of any instructions provided to commissioners by the state.
   4.  “Unauthorized rule” means a proposed rule for governing the Article V convention that is in conflict with a rule that each state be granted one vote and that a majority vote is required to propose an amendment to the United States Constitution.
    Sec. 2.  NEW SECTION.  38.2  Commissioner prohibitions —— removal —— penalty.
   1.  A commissioner shall not have the authority at an Article V convention to vote to allow consideration of or vote to approve an unauthorized amendment or an unauthorized rule.
   2.  Every commissioner shall be required to take the following oath:   I do solemnly swear (or affirm) that to the best of my abilities, I will, as a commissioner to an Article V convention, uphold the Constitution and laws of the United States of America and the State of Iowa. I will not vote to allow consideration of or to approve any unauthorized amendment or unauthorized rule. I acknowledge that violation of this oath may result in my recall and replacement as a commissioner and is a simple misdemeanor.
   3.  A commissioner violating the provisions of subsection 1 or of the oath as provided in subsection 2 shall be subject to removal and replacement as a commissioner by the state and shall be guilty of a simple misdemeanor.
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to persons selected by the general assembly to represent the state at a convention called by the United States Congress to propose amendments to the United States Constitution.
   The bill defines an Article V convention as a convention called by the United States Congress as provided by Article V of the United States Constitution upon application of the legislatures of at least two-thirds of the states to propose amendments to the United States Constitution. “Commissioner” is defined to mean a person selected to represent the state at an Article V convention. The bill also defines an unauthorized amendment as a proposed amendment at an Article V convention that is outside the subject matter of the state’s joint resolution calling for the convention or is in contravention of any instructions provided to commissioners by the state. Finally, the bill defines an unauthorized rule as a proposed rule for governing the Article V convention that is in conflict with a rule that each state be granted one vote and that a majority vote is required to propose an amendment to the United States Constitution.
   The bill provides that a commissioner shall not propose or vote to approve an unauthorized amendment or an unauthorized rule at an Article V convention. The bill also requires a commissioner to take an oath recognizing these prohibitions. The bill provides that a commissioner violating the provisions of the bill shall be subject to removal and replacement as a commissioner by the state and shall be guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   The bill takes effect upon enactment.