Bill Text: IA HF2116 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: 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, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-31 - Subcommittee: Wills, J., Johnson and Zabner. H.J. 184. [HF2116 Detail]
Download: Iowa-2023-HF2116-Introduced.html
House
File
2116
-
Introduced
HOUSE
FILE
2116
BY
WILLS
A
BILL
FOR
An
Act
concerning
persons
appointed
to
a
convention
called
1
by
the
United
States
Congress
to
propose
amendments
to
2
the
United
States
Constitution,
providing
penalties,
and
3
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
38.1
Definitions.
1
For
purposes
of
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Article
V
convention”
means
a
convention
called
by
the
4
United
States
Congress
pursuant
to
Article
V
of
the
United
5
States
Constitution
upon
application
of
the
legislatures
of
at
6
least
two-thirds
of
the
states
to
propose
amendments
to
the
7
United
States
Constitution.
8
2.
“Commissioner”
means
a
person
selected
to
represent
the
9
state
at
an
Article
V
convention.
10
3.
“Unauthorized
amendment”
means
a
proposed
amendment
11
to
be
considered
at
an
Article
V
convention
that
is
outside
12
the
subject
matter
of
the
state’s
joint
resolution
applying
13
to
Congress
to
call
the
Article
V
convention
or
that
is
in
14
contravention
of
any
instructions
provided
to
commissioners
by
15
the
state.
16
4.
“Unauthorized
rule”
means
a
proposed
rule
for
governing
17
the
Article
V
convention
that
is
in
conflict
with
a
rule
18
that
each
state
be
granted
one
vote
and
that
a
majority
vote
19
is
required
to
propose
an
amendment
to
the
United
States
20
Constitution.
21
Sec.
2.
NEW
SECTION
.
38.2
Commissioner
prohibitions
——
22
removal
——
penalty.
23
1.
A
commissioner
shall
not
have
the
authority
at
an
Article
24
V
convention
to
vote
to
allow
consideration
of
or
vote
to
25
approve
an
unauthorized
amendment
or
an
unauthorized
rule.
26
2.
Every
commissioner
shall
be
required
to
take
the
27
following
oath:
28
I
do
solemnly
swear
(or
affirm)
that
to
the
best
of
29
my
abilities,
I
will,
as
a
commissioner
to
an
Article
V
30
convention,
uphold
the
Constitution
and
laws
of
the
United
31
States
of
America
and
the
State
of
Iowa.
I
will
not
vote
to
32
allow
consideration
of
or
to
approve
any
unauthorized
amendment
33
or
unauthorized
rule.
I
acknowledge
that
a
violation
of
this
34
oath
may
result
in
my
recall
and
replacement
as
a
commissioner
35
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and
shall
constitute
a
simple
misdemeanor.
1
3.
A
commissioner
violating
the
provisions
of
subsection
2
1
or
of
the
oath
as
provided
in
subsection
2
shall
be
subject
3
to
removal
and
replacement
as
a
commissioner
by
the
state
and
4
shall
be
guilty
of
a
simple
misdemeanor.
5
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
6
importance,
takes
effect
upon
enactment.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
persons
selected
by
the
general
11
assembly
to
represent
the
state
at
a
convention
called
by
the
12
United
States
Congress
to
propose
amendments
to
the
United
13
States
Constitution.
14
The
bill
defines
an
Article
V
convention
as
a
convention
15
called
by
the
United
States
Congress
as
provided
by
Article
16
V
of
the
United
States
Constitution
upon
application
of
the
17
legislatures
of
at
least
two-thirds
of
the
states
to
propose
18
amendments
to
the
United
States
Constitution.
“Commissioner”
19
is
defined
to
mean
a
person
selected
to
represent
the
state
at
20
an
Article
V
convention.
The
bill
also
defines
an
unauthorized
21
amendment
as
a
proposed
amendment
at
an
Article
V
convention
22
that
is
outside
the
subject
matter
of
the
state’s
joint
23
resolution
calling
for
the
convention
or
is
in
contravention
24
of
any
instructions
provided
to
commissioners
by
the
state.
25
Finally,
the
bill
defines
an
unauthorized
rule
as
a
proposed
26
rule
for
governing
the
Article
V
convention
that
is
in
conflict
27
with
a
rule
that
each
state
be
granted
one
vote
and
that
a
28
majority
vote
is
required
to
propose
an
amendment
to
the
United
29
States
Constitution.
30
The
bill
provides
that
a
commissioner
shall
not
propose
or
31
vote
to
approve
an
unauthorized
amendment
or
an
unauthorized
32
rule
at
an
Article
V
convention.
The
bill
also
requires
a
33
commissioner
to
take
an
oath
recognizing
these
prohibitions.
34
The
bill
provides
that
a
commissioner
violating
the
provisions
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of
the
bill
shall
be
subject
to
removal
and
replacement
as
1
a
commissioner
by
the
state
and
shall
be
guilty
of
a
simple
2
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
3
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
4
more
than
$855.
5
The
bill
takes
effect
upon
enactment.
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