House File 2311 - Introduced HOUSE FILE 2311 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 336) (SUCCESSOR TO HF 34) A BILL FOR An Act concerning persons appointed to a convention called by 1 the United States Congress to propose amendments to the 2 United States Constitution, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1065HZ (2) 90 ss/ns

H.F. 2311 Section 1. NEW SECTION . 38.1 Definitions. 1 For the purposes of this chapter, unless the context 2 otherwise requires: 3 1. “Commission” means the resolution or other measure 4 adopted by the general assembly which sets forth the names of 5 the appointed commissioners, the scope of their authority, and 6 other instructions. 7 2. “Commissioner” means a person selected by resolution of 8 the general assembly to represent this state at a convention 9 called by the United States Congress pursuant to Article V of 10 the Constitution of the United States. 11 3. “Interim commissioner” means a person selected to fill 12 a vacancy in a delegation sent to represent this state at a 13 convention called by the United States Congress pursuant to 14 Article V of the Constitution of the United States. 15 Sec. 2. NEW SECTION . 38.2 Commissioner —— scope of 16 authority —— penalty. 17 1. A commissioner or interim commissioner shall not exceed 18 the scope of the commissioner’s or interim commissioner’s 19 authority when acting as a commissioner or interim 20 commissioner. A commissioner or interim commissioner exceeds 21 the scope of the commissioner’s or interim commissioner’s 22 authority by voting or otherwise acting beyond the authority 23 granted by the commission appointing the commissioner or 24 interim commissioner, as altered by any duly issued subsequent 25 instructions provided before the vote or other action. 26 2. A commissioner or interim commissioner who exceeds 27 the scope of the authority of the commissioner or interim 28 commissioner is guilty of a class “D” felony. 29 Sec. 3. NEW SECTION . 38.3 Interference with commissioner’s 30 duties —— penalty. 31 A person who, except as authorized by law, knowingly 32 bribes, threatens, intimidates, or obstructs a commissioner, 33 interim commissioner, or person representing another state 34 in the capacity of a commissioner or interim commissioner at 35 -1- LSB 1065HZ (2) 90 ss/ns 1/ 2

H.F. 2311 a convention held in this state, in the performance of the 1 commissioner’s or interim commissioner’s duties, or attempts to 2 do so, is guilty of a class “D” felony. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to persons selected by the general 7 assembly to represent the state at a convention called by the 8 U.S. Congress to propose amendments to the U.S. Constitution. 9 The bill prohibits a commissioner, defined in the bill as 10 a person selected by a resolution of the general assembly to 11 represent the state of Iowa at a convention called by the 12 U.S. Congress pursuant to Article V of the U.S. Constitution, 13 or an interim commissioner selected to fill a vacancy in a 14 delegation sent by Iowa to such a convention, from exceeding 15 the scope of the commissioner’s or interim commissioner’s 16 authority by voting or otherwise acting beyond the scope of 17 the commissioner’s or interim commissioner’s commission. The 18 bill defines “commission” as the resolution or other measure 19 adopted by the general assembly setting forth the names 20 of commissioners, the scope of their authority, and other 21 instructions. A commissioner or interim commissioner who 22 exceeds the scope of authority set forth in a commission or 23 subsequent instructions is guilty of a class “D” felony. A 24 class “D” felony is punishable by confinement for no more than 25 five years and a fine of at least $1,025 but not more than 26 $10,245. 27 The bill also prohibits a person from knowingly bribing, 28 threatening, intimidating, or obstructing a commissioner, 29 interim commissioner, or person serving in that capacity from 30 another state at a convention held in Iowa, in the performance 31 of the person’s official duties, or attempting to do so. A 32 person who violates this provision of the bill is guilty of a 33 class “D” felony. 34 -2- LSB 1065HZ (2) 90 ss/ns 2/ 2