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House Study Bill 247 - IntroducedA Bill ForAn Act 1relating to publication and procedural provisions
2relating to proposed constitutional amendments and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 49A.1, Code 2019, is amended to read as
2follows:
349A.1 Publication of proposed amendment.
41. Whenever any proposition to amend the Constitution has
5passed the general assembly and been referred to the next
6succeeding legislature, the state commissioner of elections
7 general assembly shall cause the same to be published as
8provided in this section, once each month, in two newspapers
9of general circulation in each congressional district in the
10state, for the time required by the Constitution.
112. For purposes of complying with the publication
12requirements of this section, the general assembly shall cause
13the proposition to amend the Constitution to be published, once
14each month, in two newspapers of general circulation in each
15congressional district in the state or published, during each
16month, on an internet site of the general assembly.
17 Sec. 2. Section 49A.3, Code 2019, is amended to read as
18follows:
1949A.3 Proof of publication — record — report to
20legislature.
211. Proof of the publication required by section 49A.1
22shall be filed by the general assembly in the office of the
23state commissioner of elections, recorded in a book kept for
24that purpose, and preserved by the commissioner. Proof of
25publication required by this subsection shall be made by the
26general assembly as follows:
27a. Proof of publication by newspaper shall be made by filing
28in the office of the state commissioner of elections affidavits
29of the publishers of the newspapers designated by the general
30assembly for publication and a certificate by the general
31assembly of the selection of such newspapers.
32b. Proof of publication on an internet site of the general
33assembly shall be made by filing a certificate by the general
34assembly in the office of the state commissioner of elections
35that publication as described in this paragraph has been made
-1-1as required by law.
22. Proof of the publication specified in sections 49A.1 and
3 section 49A.2 shall be made by the affidavits of the publishers
4of the newspapers designated by the state commissioner of
5elections and such affidavits, with the certificate of the
6state commissioner of the selection of such newspapers, shall
7be filed in the commissioner’s office, recorded in a book kept
8for that purpose, and preserved by the commissioner, and in the
9case of constitutional amendments the commissioner shall report
10to the following legislature the action in the premises.
11 Sec. 3. Section 49A.5, Code 2019, is amended to read as
12follows:
1349A.5 Submission at special election.
14The general assembly may provide for the submission
15of a constitutional amendment to the people at a special
16election for that purpose, at such time as it may prescribe,
17proclamation for which election shall be made by the governor,
18 and the same shall in all respects be governed and conducted
19as prescribed by law for the submission of a constitutional
20amendment at a general election.
21 Sec. 4. Section 49A.9, Code 2019, is amended to read as
22follows:
2349A.9 Expenses.
24Expenses incurred under the provisions of this chapter shall
25be audited and allowed by the director of the department of
26administrative services and paid out of any money in the state
27treasury not otherwise appropriated to the state commissioner
28of elections.
29 Sec. 5. Section 49A.10, Code 2019, is amended to read as
30follows:
3149A.10 Action to test legality.
32Whenever an amendment to the Constitution of the State of
33Iowa shall have been proposed and agreed to by the general
34assembly and shall have been agreed to by the succeeding
35general assembly, any taxpayer may file suit in equity in
-2-1the district court at the seat of government of the state,
2challenging the validity, legality or constitutionality of
3such amendment, or the procedure connected therewith, and
4in such suit the district court shall have jurisdiction to
5determine the validity, legality or constitutionality of said
6amendment or the procedure connected therewith, and enter
7its decree accordingly, and may grant a writ of injunction
8enjoining the governor and state commissioner of elections
9from submitting such constitutional amendment, if it, or the
10procedure connected therewith, the proposed constitutional
11amendment shall have been found to be invalid, illegal or
12unconstitutional.
13 Sec. 6. REPEAL. Section 49A.7, Code 2019, is repealed.
14 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
15importance, takes effect upon enactment.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill concerns certain publication and procedural
20requirements relating to proposed constitutional amendments.
21Code section 49A.1 is amended to require the general
22assembly, and not the state commissioner of elections, to
23publish a proposition to amend the Constitution once the
24proposition has passed the general assembly and been referred
25to the next succeeding legislature for the time required by
26the Constitution. In addition to publication by newspaper as
27authorized by current law, the bill allows the general assembly
28to publish on an internet site of the general assembly.
29Code section 49A.3, concerning proof of publication,
30is amended for purposes of publication of a proposed
31constitutional amendment. The bill requires the general
32assembly, and not the state commissioner of elections, to file
33proof of publication to the state commissioner of elections
34and specifies the proof required depending on the manner of
35publication. For publication by newspaper, the bill requires
-3-1the general assembly to provide proof as currently required
2for the state commissioner of elections for publication by
3newspaper. For publication on an internet site of the general
4assembly, the bill requires the general assembly to file
5a certificate in the office of the state commissioner of
6elections that publication has been made as required by law.
7Code section 49A.7, repealed by the bill, requires the
8governor to issue a proclamation at least 60 days before the
9date a proposition to amend the Constitution is to be submitted
10to a vote of the electors. Code section 49A.5, governing
11submission of a proposed constitutional amendment at a special
12election, is also amended to strike the requirement that the
13governor issue a proclamation on the special election.
14Code section 49A.9 is amended to provide that expenses
15incurred under Code chapter 49A shall be paid from money
16appropriated to the state commissioner of elections and not
17from money not otherwise appropriated.
18Code section 49A.10, which authorizes a suit by a taxpayer to
19challenge the legality of a proposed constitutional amendment,
20is amended to strike the ability of the taxpayer to challenge
21the procedure connected with the proposed amendment.
22The bill takes effect upon enactment.
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2relating to proposed constitutional amendments and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 49A.1, Code 2019, is amended to read as
2follows:
349A.1 Publication of proposed amendment.
41. Whenever any proposition to amend the Constitution has
5passed the general assembly and been referred to the next
6succeeding legislature, the state commissioner of elections
7 general assembly shall cause the same to be published as
8provided in this section, once each month, in two newspapers
9of general circulation in each congressional district in the
10state, for the time required by the Constitution.
112. For purposes of complying with the publication
12requirements of this section, the general assembly shall cause
13the proposition to amend the Constitution to be published, once
14each month, in two newspapers of general circulation in each
15congressional district in the state or published, during each
16month, on an internet site of the general assembly.
17 Sec. 2. Section 49A.3, Code 2019, is amended to read as
18follows:
1949A.3 Proof of publication — record — report to
20legislature.
211. Proof of the publication required by section 49A.1
22shall be filed by the general assembly in the office of the
23state commissioner of elections, recorded in a book kept for
24that purpose, and preserved by the commissioner. Proof of
25publication required by this subsection shall be made by the
26general assembly as follows:
27a. Proof of publication by newspaper shall be made by filing
28in the office of the state commissioner of elections affidavits
29of the publishers of the newspapers designated by the general
30assembly for publication and a certificate by the general
31assembly of the selection of such newspapers.
32b. Proof of publication on an internet site of the general
33assembly shall be made by filing a certificate by the general
34assembly in the office of the state commissioner of elections
35that publication as described in this paragraph has been made
-1-1as required by law.
22. Proof of the publication specified in sections 49A.1 and
3 section 49A.2 shall be made by the affidavits of the publishers
4of the newspapers designated by the state commissioner of
5elections and such affidavits, with the certificate of the
6state commissioner of the selection of such newspapers, shall
7be filed in the commissioner’s office, recorded in a book kept
8for that purpose, and preserved by the commissioner, and in the
9case of constitutional amendments the commissioner shall report
10to the following legislature the action in the premises.
11 Sec. 3. Section 49A.5, Code 2019, is amended to read as
12follows:
1349A.5 Submission at special election.
14The general assembly may provide for the submission
15of a constitutional amendment to the people at a special
16election for that purpose, at such time as it may prescribe,
17proclamation for which election shall be made by the governor,
18 and the same shall in all respects be governed and conducted
19as prescribed by law for the submission of a constitutional
20amendment at a general election.
21 Sec. 4. Section 49A.9, Code 2019, is amended to read as
22follows:
2349A.9 Expenses.
24Expenses incurred under the provisions of this chapter shall
25be audited and allowed by the director of the department of
26administrative services and paid out of any money in the state
27treasury not otherwise appropriated to the state commissioner
28of elections.
29 Sec. 5. Section 49A.10, Code 2019, is amended to read as
30follows:
3149A.10 Action to test legality.
32Whenever an amendment to the Constitution of the State of
33Iowa shall have been proposed and agreed to by the general
34assembly and shall have been agreed to by the succeeding
35general assembly, any taxpayer may file suit in equity in
-2-1the district court at the seat of government of the state,
2challenging the validity, legality or constitutionality of
3such amendment, or the procedure connected therewith, and
4in such suit the district court shall have jurisdiction to
5determine the validity, legality or constitutionality of said
6amendment or the procedure connected therewith, and enter
7its decree accordingly, and may grant a writ of injunction
8enjoining the governor and state commissioner of elections
9from submitting such constitutional amendment, if it, or the
10procedure connected therewith, the proposed constitutional
11amendment shall have been found to be invalid, illegal or
12unconstitutional.
13 Sec. 6. REPEAL. Section 49A.7, Code 2019, is repealed.
14 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
15importance, takes effect upon enactment.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill concerns certain publication and procedural
20requirements relating to proposed constitutional amendments.
21Code section 49A.1 is amended to require the general
22assembly, and not the state commissioner of elections, to
23publish a proposition to amend the Constitution once the
24proposition has passed the general assembly and been referred
25to the next succeeding legislature for the time required by
26the Constitution. In addition to publication by newspaper as
27authorized by current law, the bill allows the general assembly
28to publish on an internet site of the general assembly.
29Code section 49A.3, concerning proof of publication,
30is amended for purposes of publication of a proposed
31constitutional amendment. The bill requires the general
32assembly, and not the state commissioner of elections, to file
33proof of publication to the state commissioner of elections
34and specifies the proof required depending on the manner of
35publication. For publication by newspaper, the bill requires
-3-1the general assembly to provide proof as currently required
2for the state commissioner of elections for publication by
3newspaper. For publication on an internet site of the general
4assembly, the bill requires the general assembly to file
5a certificate in the office of the state commissioner of
6elections that publication has been made as required by law.
7Code section 49A.7, repealed by the bill, requires the
8governor to issue a proclamation at least 60 days before the
9date a proposition to amend the Constitution is to be submitted
10to a vote of the electors. Code section 49A.5, governing
11submission of a proposed constitutional amendment at a special
12election, is also amended to strike the requirement that the
13governor issue a proclamation on the special election.
14Code section 49A.9 is amended to provide that expenses
15incurred under Code chapter 49A shall be paid from money
16appropriated to the state commissioner of elections and not
17from money not otherwise appropriated.
18Code section 49A.10, which authorizes a suit by a taxpayer to
19challenge the legality of a proposed constitutional amendment,
20is amended to strike the ability of the taxpayer to challenge
21the procedure connected with the proposed amendment.
22The bill takes effect upon enactment.
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