Bill Text: IA HSB247 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to publication and procedural provisions relating to proposed constitutional amendments and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-04-04 - Committee report, recommending amendment and passage. H.J. 758. [HSB247 Detail]
Download: Iowa-2019-HSB247-Introduced.html
House
Study
Bill
247
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
BILL
BY
CHAIRPERSON
HANUSA)
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
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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
or
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
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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
Whenever
an
amendment
to
the
Constitution
of
the
State
of
32
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
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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
Sec.
6.
REPEAL.
Section
49A.7,
Code
2019,
is
repealed.
13
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
14
importance,
takes
effect
upon
enactment.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
concerns
certain
publication
and
procedural
19
requirements
relating
to
proposed
constitutional
amendments.
20
Code
section
49A.1
is
amended
to
require
the
general
21
assembly,
and
not
the
state
commissioner
of
elections,
to
22
publish
a
proposition
to
amend
the
Constitution
once
the
23
proposition
has
passed
the
general
assembly
and
been
referred
24
to
the
next
succeeding
legislature
for
the
time
required
by
25
the
Constitution.
In
addition
to
publication
by
newspaper
as
26
authorized
by
current
law,
the
bill
allows
the
general
assembly
27
to
publish
on
an
internet
site
of
the
general
assembly.
28
Code
section
49A.3,
concerning
proof
of
publication,
29
is
amended
for
purposes
of
publication
of
a
proposed
30
constitutional
amendment.
The
bill
requires
the
general
31
assembly,
and
not
the
state
commissioner
of
elections,
to
file
32
proof
of
publication
to
the
state
commissioner
of
elections
33
and
specifies
the
proof
required
depending
on
the
manner
of
34
publication.
For
publication
by
newspaper,
the
bill
requires
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the
general
assembly
to
provide
proof
as
currently
required
1
for
the
state
commissioner
of
elections
for
publication
by
2
newspaper.
For
publication
on
an
internet
site
of
the
general
3
assembly,
the
bill
requires
the
general
assembly
to
file
4
a
certificate
in
the
office
of
the
state
commissioner
of
5
elections
that
publication
has
been
made
as
required
by
law.
6
Code
section
49A.7,
repealed
by
the
bill,
requires
the
7
governor
to
issue
a
proclamation
at
least
60
days
before
the
8
date
a
proposition
to
amend
the
Constitution
is
to
be
submitted
9
to
a
vote
of
the
electors.
Code
section
49A.5,
governing
10
submission
of
a
proposed
constitutional
amendment
at
a
special
11
election,
is
also
amended
to
strike
the
requirement
that
the
12
governor
issue
a
proclamation
on
the
special
election.
13
Code
section
49A.9
is
amended
to
provide
that
expenses
14
incurred
under
Code
chapter
49A
shall
be
paid
from
money
15
appropriated
to
the
state
commissioner
of
elections
and
not
16
from
money
not
otherwise
appropriated.
17
Code
section
49A.10,
which
authorizes
a
suit
by
a
taxpayer
to
18
challenge
the
legality
of
a
proposed
constitutional
amendment,
19
is
amended
to
strike
the
ability
of
the
taxpayer
to
challenge
20
the
procedure
connected
with
the
proposed
amendment.
21
The
bill
takes
effect
upon
enactment.
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