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House File 764 - 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 and 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.
321. Whenever an amendment to the Constitution of the State
33of Iowa 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.
132. An amendment to the Constitution of the State of
14Iowa which has been proposed and agreed to by the general
15assembly and has been agreed to by the succeeding general
16assembly shall not be determined invalid in any action
17challenging the validity, legality, or constitutionality of
18such amendment in the event of an error or omission occurring
19with the publication requirements of section 49A.1 and shall
20be submitted to the electorate for ratification at the next
21general or special election as determined by the general
22assembly.
23 Sec. 6. REPEAL. Section 49A.7, Code 2019, is repealed.
24 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
25importance, takes effect upon enactment.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill concerns certain publication and procedural
30requirements relating to proposed constitutional amendments.
31Code section 49A.1 is amended to require the general
32assembly, and not the state commissioner of elections, to
33publish a proposition to amend the Constitution once the
34proposition has passed the general assembly and been referred
35to the next succeeding legislature for the time required by
-3-1the Constitution. In addition to publication by newspaper
2as authorized by current law, the bill requires the general
3assembly to publish on an internet site of the general
4assembly.
5Code section 49A.3, concerning proof of publication,
6is amended for purposes of publication of a proposed
7constitutional amendment. The bill requires the general
8assembly, and not the state commissioner of elections, to file
9proof of publication to the state commissioner of elections
10and specifies the proof required depending on the manner of
11publication. For publication by newspaper, the bill requires
12the general assembly to provide proof as currently required
13for the state commissioner of elections for publication by
14newspaper. For publication on an internet site of the general
15assembly, the bill requires the general assembly to file
16a certificate in the office of the state commissioner of
17elections that publication has been made as required by law.
18Code section 49A.7, repealed by the bill, requires the
19governor to issue a proclamation at least 60 days before the
20date a proposition to amend the Constitution is to be submitted
21to a vote of the electors. Code section 49A.5, governing
22submission of a proposed constitutional amendment at a special
23election, is also amended to strike the requirement that the
24governor issue a proclamation on the special election.
25Code section 49A.9 is amended to provide that expenses
26incurred under Code chapter 49A shall be paid from money
27appropriated to the state commissioner of elections and not
28from money not otherwise appropriated.
29Code section 49A.10, which authorizes a suit by a taxpayer to
30challenge the legality of a proposed constitutional amendment,
31is amended to strike the ability of the taxpayer to challenge
32the procedure connected with the proposed amendment. In
33addition, the bill provides that a proposed constitutional
34amendment agreed to by two succeeding general assemblies shall
35be submitted to the electorate for ratification and shall not
-4-1be determined invalid as a result of an error or omission
2occurring with the publication requirements of Code section
349A.1.
4The bill takes effect upon enactment.
-5-ec/rn
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 and 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.
321. Whenever an amendment to the Constitution of the State
33of Iowa 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.
132. An amendment to the Constitution of the State of
14Iowa which has been proposed and agreed to by the general
15assembly and has been agreed to by the succeeding general
16assembly shall not be determined invalid in any action
17challenging the validity, legality, or constitutionality of
18such amendment in the event of an error or omission occurring
19with the publication requirements of section 49A.1 and shall
20be submitted to the electorate for ratification at the next
21general or special election as determined by the general
22assembly.
23 Sec. 6. REPEAL. Section 49A.7, Code 2019, is repealed.
24 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
25importance, takes effect upon enactment.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill concerns certain publication and procedural
30requirements relating to proposed constitutional amendments.
31Code section 49A.1 is amended to require the general
32assembly, and not the state commissioner of elections, to
33publish a proposition to amend the Constitution once the
34proposition has passed the general assembly and been referred
35to the next succeeding legislature for the time required by
-3-1the Constitution. In addition to publication by newspaper
2as authorized by current law, the bill requires the general
3assembly to publish on an internet site of the general
4assembly.
5Code section 49A.3, concerning proof of publication,
6is amended for purposes of publication of a proposed
7constitutional amendment. The bill requires the general
8assembly, and not the state commissioner of elections, to file
9proof of publication to the state commissioner of elections
10and specifies the proof required depending on the manner of
11publication. For publication by newspaper, the bill requires
12the general assembly to provide proof as currently required
13for the state commissioner of elections for publication by
14newspaper. For publication on an internet site of the general
15assembly, the bill requires the general assembly to file
16a certificate in the office of the state commissioner of
17elections that publication has been made as required by law.
18Code section 49A.7, repealed by the bill, requires the
19governor to issue a proclamation at least 60 days before the
20date a proposition to amend the Constitution is to be submitted
21to a vote of the electors. Code section 49A.5, governing
22submission of a proposed constitutional amendment at a special
23election, is also amended to strike the requirement that the
24governor issue a proclamation on the special election.
25Code section 49A.9 is amended to provide that expenses
26incurred under Code chapter 49A shall be paid from money
27appropriated to the state commissioner of elections and not
28from money not otherwise appropriated.
29Code section 49A.10, which authorizes a suit by a taxpayer to
30challenge the legality of a proposed constitutional amendment,
31is amended to strike the ability of the taxpayer to challenge
32the procedure connected with the proposed amendment. In
33addition, the bill provides that a proposed constitutional
34amendment agreed to by two succeeding general assemblies shall
35be submitted to the electorate for ratification and shall not
-4-1be determined invalid as a result of an error or omission
2occurring with the publication requirements of Code section
349A.1.
4The bill takes effect upon enactment.
-5-ec/rn