House File 2173 - Introduced HOUSE FILE 2173 BY WILLS , WESTRICH , NORDMAN , STONE , DUNWELL , KAUFMANN , BUSH , MOHR , FRY , and LUNDGREN A BILL FOR An Act concerning persons appointed to a convention called 1 by the United States Congress to propose amendments to 2 the United States Constitution, providing a penalty, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5699YH (4) 89 ss/jh

H.F. 2173 Section 1. NEW SECTION . 38.1 Definitions. 1 For purposes of this chapter, unless the context otherwise 2 requires: 3 1. “Article V convention” means a convention called by the 4 United States Congress pursuant to Article V of the United 5 States Constitution upon application of the legislatures of at 6 least two-thirds of the states to propose amendments to the 7 United States Constitution. 8 2. “Commissioner” means a person selected to represent the 9 state at an Article V convention. 10 3. “Instructions” means directions given by the general 11 assembly to a commissioner before or during an Article V 12 convention or by voters at a ratifying convention. 13 4. “Unauthorized amendment” means a proposed amendment 14 to be considered at an Article V convention that is outside 15 the subject matter of the state’s joint resolution applying 16 to Congress to call the Article V convention or that is in 17 contravention of any instructions provided to commissioners by 18 the state. 19 Sec. 2. NEW SECTION . 38.2 Commissioner prohibitions —— 20 removal —— penalty. 21 1. A commissioner shall not have the authority at an 22 Article V convention to vote to allow consideration of or vote 23 to approve an unauthorized amendment or to vote contrary to 24 instructions given to the commissioner. 25 2. Every commissioner shall be required to take the 26 following oath: 27 I do solemnly swear (or affirm) that to the best of 28 my abilities, I will, as a commissioner to an Article V 29 convention, uphold the Constitution and laws of the United 30 States of America and the State of Iowa. I will not vote to 31 allow consideration of or to approve any unauthorized amendment 32 or vote contrary to instructions given to me. I acknowledge 33 that violation of this oath may result in my recall and 34 replacement as a commissioner and is a class “A” felony. 35 -1- LSB 5699YH (4) 89 ss/jh 1/ 3

H.F. 2173 3. A commissioner violating the provisions of subsection 1 1 or of the oath as provided in subsection 2 shall be subject 2 to removal and replacement as a commissioner by the state and 3 shall be guilty of a class “A” felony. 4 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 5 importance, takes effect upon enactment. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to persons selected by the general 10 assembly to represent the state at a convention called by the 11 United States Congress to propose amendments to the United 12 States Constitution. 13 The bill defines an Article V convention as a convention 14 called by the United States Congress as provided by Article 15 V of the United States Constitution upon application of the 16 legislatures of at least two-thirds of the states to propose 17 amendments to the United States Constitution. “Commissioner” 18 is defined to mean a person selected to represent the state at 19 an Article V convention. The bill also defines an unauthorized 20 amendment as a proposed amendment at an Article V convention 21 that is outside the subject matter of the state’s joint 22 resolution calling for the convention or is in contravention of 23 any instructions provided to commissioners by the state. 24 The bill provides that a commissioner shall not propose 25 or vote to approve an unauthorized amendment at an Article 26 V convention or vote contrary to instructions given to the 27 commissioner by the general assembly before or during the 28 convention or by voters at a ratifying convention. The bill 29 also requires a commissioner to take an oath recognizing this 30 prohibition. The bill provides that a commissioner violating 31 a provision of the bill shall be subject to removal and 32 replacement as a commissioner by the state and shall be guilty 33 of a class “A” felony. A class “A” felony is punishable by 34 confinement for life without possibility of parole. 35 -2- LSB 5699YH (4) 89 ss/jh 2/ 3