Senate File 350 - Introduced SENATE FILE 350 BY GREEN (COMPANION TO HF 438 BY JONES) A BILL FOR An Act concerning persons appointed to a convention called by 1 the United States Congress to propose amendments to the 2 Constitution of the United States, making appropriations, 3 and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1932XS (2) 91 ss/ns
S.F. 350 Section 1. LEGISLATIVE FINDINGS. The general assembly 1 finds all of the following: 2 1. Article V of the Constitution of the United States 3 contains two methods for proposing amendments to the 4 Constitution of the United States: 5 a. The proposal of amendments by Congress whenever 6 two-thirds of both houses shall deem it necessary. 7 b. The call of a convention for proposing amendments by 8 Congress upon the application of the legislatures of two-thirds 9 of the several states. 10 2. There have been over four hundred fifty applications 11 for an Article V convention of the states for the purpose of 12 proposing amendments. 13 3. Every state legislature except Hawaii has enacted one 14 or more resolutions calling for an Article V convention of the 15 states for the purpose of proposing amendments. Some states 16 have rescinded some or all of such resolutions. 17 4. Thirty-seven states have current resolutions calling 18 for an Article V convention of the states for the purpose 19 of proposing amendments. These states are: Alabama, 20 Alaska, Arkansas, California, Connecticut, Florida, Georgia, 21 Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, 22 Massachusetts, Michigan, Minnesota, Mississippi, Missouri, 23 Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, 24 Oklahoma, Pennsylvania, Rhode Island, South Carolina, South 25 Dakota, Tennessee, Texas, Utah, Vermont, Washington, West 26 Virginia, Wisconsin, and Wyoming. 27 5. Each of these applications have specified topics for 28 such a convention. A very small number have been a call for 29 a general convention. The vast majority of applications have 30 been for a convention to propose amendments on a specified 31 topic. 32 6. No set of applications from the legislatures of the 33 several states has ever reached the threshold of two-thirds of 34 the states applying for a convention for the same topic. 35 -1- LSB 1932XS (2) 91 ss/ns 1/ 14
S.F. 350 7. An unwavering historical precedent has been established 1 for a valid application for an Article V convention of the 2 states for the purpose of proposing amendments, by requiring 3 two-thirds of the legislatures of the several states to apply 4 for a convention for amendments on the same topic or topics. 5 8. The general assembly of Iowa has passed nine resolutions 6 calling for an Article V convention of the states for the 7 purpose of proposing amendments on a variety of topics. Eight 8 of these resolutions are still valid, although three of them 9 are likely moot since the topic therein concerned the direct 10 election of United States senators. 11 9. There are contemporary efforts to call for an Article 12 V convention of the states for the purpose of proposing 13 amendments that have reached more than one-half of the required 14 number of states to require Congress to call such a convention. 15 10. It is in the best interest of the people of Iowa for 16 its general assembly to be prepared to nominate, credential, 17 and oversee the actions of delegates that it will appoint for 18 such a convention regardless of the topic if such convention 19 is called. 20 11. The historic record makes it clear that the founders 21 used the term convention of states to describe the Article 22 V convention process. This terminology has at least one 23 particular legal meaning. It clarifies that the convention 24 will be in the form of states meeting as states. By 25 definition, all conventions of states require voting on the 26 basis of one state, one vote. 27 12. All stages of the convention process proceed on the 28 basis of one state, one vote. Two-thirds of the states are 29 required to call a convention. A majority of the states 30 are required to finalize the text of any proposed amendments 31 drafted by the convention. Three-fourths of the states are 32 required, via either their legislature or in ratification 33 conventions as shall be specified by Congress, to ratify the 34 text of any proposed amendment. 35 -2- LSB 1932XS (2) 91 ss/ns 2/ 14
S.F. 350 13. As established at the original constitutional 1 convention in Philadelphia in 1787, the legislature of each 2 state names its commissioners or delegates, and gives them such 3 instructions as the legislature deems appropriate. 4 14. Once two-thirds of the several states have applied for 5 a convention for the same topic, the duty of Congress to call a 6 convention is mandatory. 7 15. Litigation surrounding the ratification of the equal 8 rights amendment has established the principle that it is 9 unconstitutional to attempt to change the process for adopting 10 a constitutional amendment in the middle of the process. 11 Accordingly, it is unconstitutional for a convention to 12 consider amendments on any topic other than the topic for which 13 it was expressly called by the agreement of two-thirds of the 14 several states. 15 16. The supreme court of the United States has determined 16 that all actions of state legislatures arising under Article 17 V of the Constitution of the United States are based on their 18 authority under Article V of the Constitution of the United 19 States. Accordingly, the general assembly possesses intrinsic 20 power under the Constitution of the United States to call 21 itself into session at any time for the purpose of fulfilling 22 any of its duties under Article V. 23 Sec. 2. NEW SECTION . 38.1 Definitions. 24 As used in this chapter, unless the context otherwise 25 requires: 26 1. Advisory committee means a committee consisting of 27 members selected by each chamber using the process defined in 28 this chapter to perform the duties defined in this chapter. 29 2. Alternate commissioner means a person designated to 30 replace a commissioner upon a vacancy. 31 3. Call means a measure sent by Congress calling for an 32 Article V convention of states for the purpose of proposing 33 amendments to the Constitution of the United States. 34 4. Chamber means either the senate or the house of 35 -3- LSB 1932XS (2) 91 ss/ns 3/ 14
S.F. 350 representatives of the general assembly. 1 5. Commissioner means a person selected by resolution of 2 the general assembly as provided in this chapter to represent 3 this state at an Article V convention of states for proposing 4 amendments. 5 6. Commissioning resolution means the resolution adopted 6 by both chambers which sets forth the names of the appointed 7 commissioners and their commissions and instructions. 8 7. Convention means an Article V convention of states for 9 the purpose of proposing amendments to the Constitution of the 10 United States. 11 8. Delegation means the group of commissioners and interim 12 commissioners chosen by the general assembly to represent Iowa 13 at an Article V convention with the powers and duties defined 14 in this chapter and as may be additionally set forth in the 15 commissioning resolution for a particular convention. 16 9. Scope of commissioners authority means the limitation 17 on a commissioner to support only proposed amendments that 18 are directly within the topics specified in the resolutions 19 of two-thirds of the several states which gave rise to the 20 convention in question, which are enumerated in the credentials 21 of each commissioner. 22 Sec. 3. NEW SECTION . 38.2 Call of special session. 23 If a call of a convention is issued by Congress when the 24 general assembly is not in session and is not scheduled to 25 be in session within thirty days, the majority leader of the 26 senate and the speaker of the house of representatives shall, 27 by joint communication, call a special session of the general 28 assembly limited to fulfilling the duties as specified under 29 this chapter. Other special sessions may be called in like 30 manner to perform any other duties required of the general 31 assembly under this chapter. 32 Sec. 4. NEW SECTION . 38.3 Number of commissioners. 33 Five commissioners shall be named to represent Iowa at any 34 convention. Any vacancies shall be filled as promptly as 35 -4- LSB 1932XS (2) 91 ss/ns 4/ 14
S.F. 350 possible under the provisions of this chapter to maintain the 1 delegation at full strength at a convention. 2 Sec. 5. NEW SECTION . 38.4 Qualification of commissioners. 3 1. At the time of appointment and at all times during a 4 convention, a commissioner must be all of the following: 5 a. A current citizen of the United States and a citizen of 6 the United States for at least the last five years. 7 b. A current resident of Iowa and a resident of Iowa for at 8 least the last five years. 9 c. At least twenty-five years of age. 10 d. Registered to vote in this state. 11 2. At the time of appointment and at all times during a 12 convention, a commissioner shall not be any of the following: 13 a. Registered or required to register as a state or federal 14 lobbyist at any time within the last five years. 15 b. A current federal employee or contractor other than as a 16 member of the United States armed forces, at any time within 17 the last ten years. 18 c. A federal appointed officer requiring confirmation by the 19 senate of the United States or a federal elected officer, or a 20 federal appointed officer requiring confirmation by the senate 21 of the United States or a federal elected officer at any time 22 within the last ten years. 23 d. Convicted of a felony in any jurisdiction within the last 24 ten years. 25 e. Currently employed by any agency of any government. 26 f. A member of the general assembly within the last two 27 years. 28 Sec. 6. NEW SECTION . 38.5 Selection of commissioners. 29 Each chamber shall select two commissioners to be appointed 30 to a convention by adoption of a simple resolution. Each 31 chamber shall nominate one additional commissioner by adoption 32 of a simple resolution. A conference committee appointed 33 by the majority leader of the senate and the speaker of the 34 house of representatives shall decide which of the additional 35 -5- LSB 1932XS (2) 91 ss/ns 5/ 14
S.F. 350 commissioners shall be selected as the fifth commissioner. The 1 additional commissioner that is not so selected shall become 2 the first alternate commissioner. 3 Sec. 7. NEW SECTION . 38.6 Selection of alternate 4 commissioners. 5 Each chamber shall nominate two persons as alternate 6 commissioners by adoption of a simple resolution. Each 7 chamber shall establish a rank-order for which of the two 8 alternates shall be given priority in the event of a vacancy. 9 Whichever chambers nominee is selected as the first alternate 10 commissioner under section 38.5 shall name the third and fifth 11 alternate commissioners. The alternate commissioners named 12 by the other chamber shall be named as the second and fourth 13 alternate commissioners. 14 Sec. 8. NEW SECTION . 38.7 Commissioning resolution. 15 1. A resolution naming the commissioners must include the 16 commission of the commissioners. The commission must include 17 but shall not be limited to all of the following components: 18 a. A prohibition on a commissioner voting for or otherwise 19 promoting a method of voting at a convention other than the 20 rule that each state has one vote. 21 b. A prohibition on a commissioner proposing, promoting, 22 or voting in favor of a proposed amendment that would alter 23 the text of or in any way erode the specific guarantees 24 of individual liberty established by the Constitution of 25 the United States, including the original Constitution of 26 the United States, the Bill of Rights, and the thirteenth, 27 fourteenth, fifteenth, nineteenth, twenty-third, twenty-fourth, 28 and twenty-sixth amendments to the Constitution of the United 29 States. 30 2. The commissioning resolution must clearly state the 31 scope of the commissioners authority, which must be strictly 32 limited to the topic upon which two-thirds of the several 33 states agreed and which formed the basis of the call of the 34 convention. 35 -6- LSB 1932XS (2) 91 ss/ns 6/ 14
S.F. 350 3. The general assembly may provide additional instructions 1 within the commissioning resolution or at any later time 2 by adoption of a subsequent resolution. A copy of any 3 subsequent resolution shall be provided to each commissioner 4 and to the advisory committee by the clerk of the house of 5 representatives. 6 Sec. 9. NEW SECTION . 38.8 Commissioners oath 7 credentials. 8 1. Each commissioner shall, before exercising any function 9 of the position, execute the following oath in writing: 10 I do solemnly swear (or affirm) that I accept and will 11 faithfully act according to the limits of authority specified 12 in my commission and any present or subsequent instructions. 13 I understand that violating this oath may subject me to 14 penalties provided by law. I understand that I may be recalled 15 or suspended from my duties by the general assembly or the 16 advisory committee. 17 2. A commissioners executed oath shall be filed with the 18 secretary of state. Upon filing of a commissioners oath, 19 the secretary of state shall provide to the commissioner an 20 official copy of the executed oath and the commissioning 21 resolution, which together shall serve as the commissioners 22 credentials. 23 Sec. 10. NEW SECTION . 38.9 Removal of commissioners. 24 1. A commissioner may be removed for any reason at any time 25 by adoption of a resolution by a constitutional majority of 26 both chambers. 27 2. A commissioner may be removed for cause by the advisory 28 committee if the advisory committee finds any of the following 29 to be true by a preponderance of the evidence: 30 a. The commissioner has supported a proposal at the 31 convention that goes beyond the topic for which the convention 32 has been called as specified in the commissioners credentials, 33 or has publicly announced an intention to do so. 34 b. The commissioner has supported any form of voting at the 35 -7- LSB 1932XS (2) 91 ss/ns 7/ 14
S.F. 350 convention other than one state, one vote. 1 c. The commissioner has otherwise failed to adhere to 2 instructions or other limitations imposed by the general 3 assembly that are reflected in the commission or any subsequent 4 instruction provided to the commissioner pursuant to this 5 chapter. 6 d. The commissioner has otherwise violated the 7 commissioners oath. 8 Sec. 11. NEW SECTION . 38.10 Advisory committee. 9 1. There shall be an advisory committee consisting of the 10 following members: 11 a. One member selected by the majority leader of the senate. 12 b. One member selected by the speaker of the house of 13 representatives. 14 c. A third member selected by the presiding officer of 15 the chamber whose nominee for the fifth commissioner was not 16 selected pursuant to section 38.5. 17 2. If a member of the advisory committee determines that 18 there is probable cause for the removal of a commissioner, the 19 advisory committee member shall do all of the following within 20 twenty-four hours of making the determination: 21 a. Schedule an in-person or electronic meeting of the 22 advisory committee within forty-eight hours of making the 23 determination. 24 b. Notify the presiding officers of each chamber of the 25 determination. 26 c. Notify the attorney general of the determination. 27 3. a. At a meeting called under subsection 2, paragraph 28 a , the advisory committee shall determine by majority vote 29 whether there is probable cause to believe that a commissioner 30 has acted in a manner that meets the criteria for removal 31 pursuant to section 38.9, subsection 2. 32 b. If the advisory committee determines that a commissioner 33 has acted in a manner that meets the criteria for removal 34 pursuant to section 38.9, subsection 2, the advisory committee 35 -8- LSB 1932XS (2) 91 ss/ns 8/ 14
S.F. 350 shall immediately communicate notice of the determination 1 to the commissioner. Upon receipt of notice pursuant to 2 this paragraph, the commissioner shall cease voting at the 3 convention pending a final determination. The notice must 4 specify a time on the next business day after the notice is 5 issued for a hearing to determine the truth of the matter 6 concerning actions meriting removal. The hearing may be 7 held electronically or in person at the advisory committees 8 preference. The commissioner may be represented by counsel of 9 the commissioners choosing and at the commissioners expense. 10 4. If the advisory committee determines by a preponderance 11 of the evidence that a commissioner has acted in a manner 12 that meets the criteria for removal pursuant to section 38.9, 13 subsection 2, the commissioner shall immediately cease to be a 14 member of the delegation. The alternative commissioner next in 15 line shall immediately join the delegation at the convention. 16 5. A commissioner removed by the advisory committee 17 may appeal to the general assembly if a petition on the 18 commissioners behalf is signed by at least twenty-five 19 members from each chamber within seven days of the removal. 20 The leaders of each chamber shall call a special session 21 within seven days after each receives the petition bearing 22 sufficient signatures. A constitutional majority in both 23 chambers is required to restore the commissioner to office. 24 If a previously removed commissioner is restored to office, 25 the alternate commissioner shall be withdrawn from the 26 delegation upon the arrival of the restored commissioner at the 27 convention. The alternate commissioner shall then resume the 28 alternate commissioners place in the priority sequence for 29 alternate commissioners. 30 6. A decision of the advisory committee or general assembly 31 pursuant to this section is not subject to judicial review. 32 Sec. 12. NEW SECTION . 38.11 Commissioners vacancy. 33 1. A vacancy is created when any commissioner resigns, dies, 34 or becomes unable to attend the convention for any health or 35 -9- LSB 1932XS (2) 91 ss/ns 9/ 14
S.F. 350 personal reason. Any absence from the convention for more than 1 three consecutive days or for more than five days total shall 2 constitute a vacancy. 3 2. A vacancy shall be filled by the highest ranking 4 alternate commissioner according to the process established 5 in this chapter. The advisory committee shall notify the 6 alternate commissioner of the vacancy within three days of 7 the creation of the vacancy. Upon the filing of the required 8 oath, the alternate commissioner shall be confirmed as a 9 commissioner. 10 Sec. 13. NEW SECTION . 38.12 Commissioners compensation 11 and expenses. 12 1. A commissioner shall be paid on a monthly basis using an 13 equivalent rate to the salary of a district court judge. 14 2. A commissioner shall receive the same allowance for 15 expenses as provided to a member of the general assembly who is 16 not a resident of Polk county. 17 3. A commissioner shall be considered an employee of the 18 general assembly for administrative purposes. 19 4. During active attendance at a convention, a commissioner 20 shall not be compensated for any other form of employment 21 performed during the time of attendance, but shall be permitted 22 to move to an inactive status of any employment position so 23 as not to impact insurance, retirement, or any other term or 24 benefit of employment. 25 5. There is appropriated from the general fund of the state 26 to the general assembly an amount necessary to pay costs under 27 this section. 28 Sec. 14. NEW SECTION . 38.13 Emoluments and gifts 29 financial disclosures expenditures. 30 1. A commissioner shall be subject to the provisions of 31 section 68B.22. 32 2. A commissioner shall make all financial disclosures as 33 are required for a member of the general assembly pursuant to 34 law or rule. 35 -10- LSB 1932XS (2) 91 ss/ns 10/ 14
S.F. 350 3. A person shall not expend any moneys or transfer any 1 item of value to any other person for the purpose of seeking 2 appointment as a commissioner or alternate commissioner. 3 Sec. 15. NEW SECTION . 38.14 Commissioners criminal 4 penalties. 5 1. A commissioner who knowingly introduces, sponsors, or 6 votes for any proposed amendment that addresses a topic that is 7 beyond the scope of the commissioners authority is guilty of a 8 class D felony. 9 2. Conviction of a felony pursuant to this section shall 10 constitute an infamous crime for the purposes of Article II, 11 section 5, of the Constitution of the State of Iowa. 12 Sec. 16. NEW SECTION . 38.15 Criminal interference. 13 1. A person who, except as authorized by law, knowingly 14 bribes, threatens, intimidates, or obstructs a commissioner 15 or alternate commissioner from Iowa in the performance of the 16 commissioners or alternate commissioners duties is guilty 17 of a class D felony. A violation of this subsection is 18 punishable in this state regardless of where the prohibited act 19 occurs. 20 2. If a convention is held in this state, a person who, 21 except as authorized by law, knowingly bribes, threatens, 22 intimidates, or obstructs a commissioner or alternate 23 commissioner from any state in the performance of the 24 commissioners or alternate commissioners duties is guilty 25 of a class D felony. A violation of this subsection is 26 punishable in Iowa regardless of where the prohibited act 27 occurs. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanations substance by the members of the general assembly. 31 This bill relates to the appointment and regulation 32 of commissioners to a convention called by Congress to 33 propose amendments to the Constitution of the United States 34 (convention). The bill includes legislative findings. 35 -11- LSB 1932XS (2) 91 ss/ns 11/ 14
S.F. 350 The bill requires the majority leader of the senate and 1 the speaker of the house of representatives to call a special 2 session of the general assembly if Congress calls a convention 3 and the general assembly is not in session and is not scheduled 4 to be in session within 30 days. The special session shall be 5 limited to the matters listed in the bill. The bill requires a 6 delegation sent by Iowa to a convention to always consist of 7 five members (commissioners). The bill requires a commissioner 8 to be and have been for at least 5 years a citizen of the United 9 States and a resident of Iowa, at least 25 years of age, and 10 registered to vote in Iowa. The bill prohibits a commissioner 11 from being registered or required to register as a lobbyist; 12 a federal employee or contractor, other than as a member of 13 the United States armed forces, within the last 10 years; a 14 federal appointed officer requiring confirmation by the senate 15 of the United States or a federal elected officer within the 16 last 10 years; convicted of a felony within the last 10 years; 17 currently employed by any agency of any government; or a member 18 of the general assembly within the last 2 years. 19 The bill requires each chamber of the general assembly to 20 select two commissioners by adoption of a simple resolution 21 and to nominate one additional member. A conference committee 22 appointed by the majority leader of the senate and the speaker 23 of the house of representatives shall select which alternate 24 member shall act as the fifth commissioner and which shall 25 serve as the first alternate commissioner. The bill also 26 requires each chamber to select two additional alternate 27 commissioners and provides a process for ranking the alternate 28 commissioners. 29 The bill requires the resolution appointing a commissioner 30 to contain prohibitions on supporting or voting for certain 31 proposals and amendments at a convention and the scope of the 32 commissioners authority, which shall be limited to the topic 33 of the convention. The bill allows the general assembly to 34 provide additional instructions to a commissioner by adoption 35 -12- LSB 1932XS (2) 91 ss/ns 12/ 14
S.F. 350 of a further resolution. The bill requires each commissioner 1 to execute an oath in writing to obey the commission of the 2 commissioner, which shall be filed with the secretary of state. 3 The bill allows the general assembly to remove a 4 commissioner at any time for any reason by adoption of a 5 resolution by a constitutional majority of both chambers. The 6 bill allows an advisory committee, consisting of a member 7 selected by the majority leader of the senate, a member 8 selected by the speaker of the house of representatives, and a 9 third member selected by the presiding officer of the chamber 10 whose nominee for the fifth commissioner was not selected, 11 to remove a commissioner if the advisory committee finds by 12 a preponderance of the evidence that a commissioner acted 13 contrary to the commissioners commission or oath. The bill 14 includes a mechanism for calling a meeting of the advisory 15 committee and notifying a commissioner of potential adverse 16 actions. The bill allows a commissioner to be represented by 17 counsel of the commissioners choosing at the commissioners 18 expense. The bill allows a removed commissioner to appeal to 19 the general assembly but prohibits judicial review. 20 The bill creates a vacancy in the office of commissioner 21 when a commissioner resigns, dies, or becomes unable to attend 22 the convention for any health or personal reason, or when a 23 commissioner is absent for more than three consecutive days 24 or five days total. The bill provides a mechanism for the 25 replacement of a commissioner with an alternate commissioner. 26 The bill sets the compensation for a commissioner at the 27 same rate as for a district court judge. The bill grants a 28 commissioner an allowance for expenses that is the same as 29 for a member of the general assembly who is not a resident of 30 Polk county. The bill makes a commissioner an employee of the 31 general assembly for administrative purposes and prohibits 32 a commissioner from receiving compensation for outside 33 employment during active attendance at a convention. The bill 34 appropriates necessary moneys from the general fund for these 35 -13- LSB 1932XS (2) 91 ss/ns 13/ 14
S.F. 350 purposes. 1 The bill requires a commissioner to abide by the provisions 2 of Code section 68B.22 (gifts accepted or received) and to make 3 the same financial disclosures as required for a member of the 4 general assembly. The bill prohibits a person from making 5 expenditures to seek appointment as a commissioner or alternate 6 commissioner. 7 A commissioner who knowingly introduces, sponsors, or votes 8 for any proposed amendment that addresses a topic that is 9 beyond the scope of the commissioners authority is guilty of 10 a class D felony, which shall constitute an infamous crime. 11 A class D felony is punishable by confinement for no more 12 than five years and a fine of at least $1,025 but not more than 13 $10,245. Under the Constitution of the State of Iowa, a person 14 convicted of an infamous crime is not entitled to the privilege 15 of an elector. 16 A person who, except as authorized by law, knowingly 17 bribes, threatens, intimidates, or obstructs a commissioner 18 or alternate commissioner from Iowa, or from any state if 19 the convention is held in Iowa, in the performance of the 20 commissioners or alternate commissioners duties is guilty of 21 a class D felony. A violation of this provision of the bill 22 is punishable in Iowa regardless of where the prohibited act 23 occurs. 24 -14- LSB 1932XS (2) 91 ss/ns 14/ 14