House File 764 - Reprinted HOUSE FILE 764 BY COMMITTEE ON GOVERNMENT OVERSIGHT (SUCCESSOR TO HSB 247) (As Amended and Passed by the House April 22, 2019 ) 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 HF 764 (3) 88 ec/rn/md
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- HF 764 (3) 88 ec/rn/md 1/ 3
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- HF 764 (3) 88 ec/rn/md 2/ 3
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 Iowa 13 which has been proposed and agreed to by the general assembly 14 and has been agreed to by the succeeding general assembly 15 shall not be determined invalid in any action challenging the 16 validity, legality, or constitutionality of such amendment 17 in the event of an error or omission occurring with one of 18 the publication requirements of section 49A.1 and shall be 19 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 -3- HF 764 (3) 88 ec/rn/md 3/ 3