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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rescinded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.
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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.
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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
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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
commissioner’s
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
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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
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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
chamber’s
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.
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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
commissioner’s
executed
oath
shall
be
filed
with
the
18
secretary
of
state.
Upon
filing
of
a
commissioner’s
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
commissioner’s
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
commissioner’s
credentials,
33
or
has
publicly
announced
an
intention
to
do
so.
34
b.
The
commissioner
has
supported
any
form
of
voting
at
the
35
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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
commissioner’s
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
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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
committee’s
8
preference.
The
commissioner
may
be
represented
by
counsel
of
9
the
commissioner’s
choosing
and
at
the
commissioner’s
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
commissioner’s
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
commissioner’s
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
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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.
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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
commissioner’s
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
commissioner’s
or
alternate
commissioner’s
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
commissioner’s
or
alternate
commissioner’s
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
explanation’s
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.
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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
commissioner’s
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
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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
commissioner’s
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
commissioner’s
choosing
at
the
commissioner’s
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
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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
commissioner’s
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
commissioner’s
or
alternate
commissioner’s
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