HF 2311 (LSB 1065HZ (2) 90)

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 the United States Congress to propose amendments to the United States Constitution, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  38.1  Definitions.
   For the purposes of this chapter, unless the context otherwise requires:
   1.  “Commission” means the resolution or other measure adopted by the general assembly which sets forth the names of the appointed commissioners, the scope of their authority, and other instructions.
   2.  “Commissioner” means a person selected by resolution of the general assembly to represent this state at a convention called by the United States Congress pursuant to Article V of the Constitution of the United States.
   3.  “Interim commissioner” means a person selected to fill a vacancy in a delegation sent to represent this state at a convention called by the United States Congress pursuant to Article V of the Constitution of the United States.
    Sec. 2.  NEW SECTION.  38.2  Commissioner —— scope of authority —— penalty.
   1.  A commissioner or interim commissioner shall not exceed the scope of the commissioner’s or interim commissioner’s authority when acting as a commissioner or interim commissioner. A commissioner or interim commissioner exceeds the scope of the commissioner’s or interim commissioner’s authority by voting or otherwise acting beyond the authority granted by the commission appointing the commissioner or interim commissioner, as altered by any duly issued subsequent instructions provided before the vote or other action.
   2.  A commissioner or interim commissioner who exceeds the scope of the authority of the commissioner or interim commissioner is guilty of a class “D” felony.
    Sec. 3.  NEW SECTION.  38.3  Interference with commissioner’s duties —— penalty.
   A person who, except as authorized by law, knowingly bribes, threatens, intimidates, or obstructs a commissioner, interim commissioner, or person representing another state in the capacity of a commissioner or interim commissioner at a convention held in this state, in the performance of the commissioner’s or interim commissioner’s duties, or attempts to do so, is guilty of a class “D” felony.
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 U.S. Congress to propose amendments to the U.S. Constitution.
   The bill prohibits a commissioner, defined in the bill as a person selected by a resolution of the general assembly to represent the state of Iowa at a convention called by the U.S. Congress pursuant to Article V of the U.S. Constitution, or an interim commissioner selected to fill a vacancy in a delegation sent by Iowa to such a convention, from exceeding the scope of the commissioner’s or interim commissioner’s authority by voting or otherwise acting beyond the scope of the commissioner’s or interim commissioner’s commission. The bill defines “commission” as the resolution or other measure adopted by the general assembly setting forth the names of commissioners, the scope of their authority, and other instructions. A commissioner or interim commissioner who exceeds the scope of authority set forth in a commission or subsequent instructions is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   The bill also prohibits a person from knowingly bribing, threatening, intimidating, or obstructing a commissioner, interim commissioner, or person serving in that capacity from another state at a convention held in Iowa, in the performance of the person’s official duties, or attempting to do so. A person who violates this provision of the bill is guilty of a class “D” felony.