House File 764 - EnrolledAn Actrelating to publication and procedural provisions
relating to proposed constitutional amendments and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 49A.1, Code 2019, is amended to read as
follows:
   49A.1  Publication of proposed amendment.
   1.  Whenever any proposition to amend the Constitution has
passed the general assembly and been referred to the next
succeeding legislature, the state commissioner of elections
 general assembly shall cause the same to be published as
provided in this section
, once each month, in two newspapers
of general circulation in each congressional district in the
state,
for the time required by the Constitution.
   2.  For purposes of complying with the publication
requirements of this section, the general assembly shall cause
the proposition to amend the Constitution to be published, once
each month, in two newspapers of general circulation in each congressional district in the state and published, during each
month, on an internet site of the general assembly.
   Sec. 2.  Section 49A.3, Code 2019, is amended to read as
follows:
   49A.3  Proof of publication — record — report to
legislature
.
   1.  Proof of the publication required by section 49A.1
shall be filed by the general assembly in the office of the
state commissioner of elections, recorded in a book kept for
that purpose, and preserved by the commissioner. Proof of
publication required by this subsection shall be made by the
general assembly as follows:
   a.  Proof of publication by newspaper shall be made by filing
in the office of the state commissioner of elections affidavits
of the publishers of the newspapers designated by the general
assembly for publication and a certificate by the general
assembly of the selection of such newspapers.
   b.  Proof of publication on an internet site of the general
assembly shall be made by filing a certificate by the general
assembly in the office of the state commissioner of elections
that publication as described in this paragraph has been made
-1-as required by law.
   2.  Proof of the publication specified in sections 49A.1 and
 section 49A.2 shall be made by the affidavits of the publishers
of the newspapers designated by the state commissioner of
elections and such affidavits, with the certificate of the
state commissioner of the selection of such newspapers, shall
be filed in the commissioner’s office, recorded in a book kept
for that purpose, and preserved by the commissioner, and in the
case of constitutional amendments the commissioner shall report
to the following legislature the action in the premises
.
   Sec. 3.  Section 49A.5, Code 2019, is amended to read as
follows:
   49A.5  Submission at special election.
   The general assembly may provide for the submission
of a constitutional amendment to the people at a special
election for that purpose, at such time as it may prescribe,
proclamation for which election shall be made by the governor,
and the same shall in all respects be governed and conducted
as prescribed by law for the submission of a constitutional
amendment at a general election.
   Sec. 4.  Section 49A.9, Code 2019, is amended to read as
follows:
   49A.9  Expenses.
   Expenses incurred under the provisions of this chapter shall
be audited and allowed by the director of the department of
administrative services and paid out of any money in the state
treasury not otherwise
appropriated to the state commissioner
of elections
.
   Sec. 5.  Section 49A.10, Code 2019, is amended to read as
follows:
   49A.10  Action to test legality.
   1. Whenever an amendment to the Constitution of the State
of Iowa shall have been proposed and agreed to by the general
assembly and shall have been agreed to by the succeeding
general assembly, any taxpayer may file suit in equity in
-2-the district court at the seat of government of the state,
challenging the validity, legality or constitutionality of
such amendment, or the procedure connected therewith, and
in such suit the district court shall have jurisdiction to
determine the validity, legality or constitutionality of said
amendment or the procedure connected therewith, and enter
its decree accordingly, and may grant a writ of injunction
enjoining the governor and state commissioner of elections
from submitting such constitutional amendment, if it, or the
procedure connected therewith,
 the proposed constitutional
amendment
shall have been found to be invalid, illegal or
unconstitutional.
 
   2.  An amendment to the Constitution of the State of Iowa
which has been proposed and agreed to by the general assembly
and has been agreed to by the succeeding general assembly
shall not be determined invalid in any action challenging the
validity, legality, or constitutionality of such amendment
in the event of an error or omission occurring with one of
the publication requirements of section 49A.1 and shall be
submitted to the electorate for ratification at the next
general or special election as determined by the general
assembly.
   Sec. 6.  REPEAL.  Section 49A.7, Code 2019, is repealed.
   Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of immediate
importance, takes effect upon enactment.
______________________________
LINDA UPMEYERSpeaker of the House
______________________________
CHARLES SCHNEIDERPresident of the Senate
   I hereby certify that this bill originated in the House and is known as House File 764, Eighty-eighth General Assembly.______________________________
CARMINE BOALChief Clerk of the House
Approved _______________, 2019______________________________
KIM REYNOLDSGovernor
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