Bills › 89th General Assembly
Concerning persons appointed to a convention called by the United States Congress to propose amendments to the United States Constitution, providing a penalty, and including effective date provisions
Sponsored by the House State Government Committee
Topics:State government
Same legislation: HF 2061
Where it is now
- Done: IntroducedJanuary 20, 2022
- Done: SubcommitteeJanuary 25, 2022
- Done: House committeeFebruary 8, 2022
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary People chosen to represent Iowa at a national convention to change the U.S. Constitution must follow specific rules. These representatives are forbidden from voting for any changes or rules that go against the instructions given to them by the state. If a representative breaks these rules, they can be removed from their position and face a fine or jail time.1
Read the official explanation
This bill relates to persons selected by the general assembly to represent the state at a convention called by the United States Congress to propose amendments to the United States Constitution. The bill defines an Article V convention as a convention called by the United States Congress as provided by Article V of the United States Constitution upon application of the legislatures of at least two-thirds of the states to propose amendments to the United States Constitution. “Commissioner” is defined to mean a person selected to represent the state at an Article V convention. The bill also defines an unauthorized amendment as a proposed amendment at an Article V convention that is outside the subject matter of the state’s joint resolution calling for the convention or is in contravention of any instructions provided to commissioners by the state. Finally, the bill defines an unauthorized rule as a proposed rule for governing the Article V convention that is in conflict with a rule that each state be granted one vote and that a majority vote is required to propose an amendment to the United States Constitution. The bill provides that a commissioner shall not propose or vote to approve an unauthorized amendment or an unauthorized rule at an Article V convention. The bill also requires a commissioner to take an oath recognizing these prohibitions. The bill provides that a commissioner violating the provisions of the bill shall be subject to removal and replacement as a commissioner by the state and shall be guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. The bill takes effect upon enactment.
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill prohibits state representatives at an Article V convention from proposing or voting on unauthorized amendments or rules and makes violations a simple misdemeanor. The fiscal impact of this bill is unknown. Any potential costs to the state's General Fund would include operating expenses for the Judicial Branch and the State Public Defender.3
Read the fiscal note
Description
House File 2327 prohibits commissioners, persons selected to represent the State, from proposing or voting to approve an unauthorized amendment or an unauthorized rule at an Article V convention and requires such persons to take an oath recognizing these prohibitions. Unauthorized amendment is defined as a proposed amendment that is outside the subject matter of the State’s joint resolution applying to Congress to call the Article V convention or that is in contravention of any instructions provided to commissioners by the State. Unauthorized rule is defined as proposed rule that is in conflict with a rule that each State be granted one vote and that a majority vote is required to prose an amendment to the United States Constitution. A commissioner that violates a provision of the Bill is subject to removal and replacement as a commissioner and commits a simple misdemeanor.
Background
A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
The correctional impact of HF 2327 cannot be determined. The Bill establishes a new Code chapter and there are no current laws under it. The punishments for simple misdemeanors under this Bill do not include the possibility of imprisonment. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.
Minority Impact
House File 2327 establishes a new simple misdemeanor, and a minority impact cannot be estimated due to a lack of data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of HR 2327 is unknown. The average State cost for one simple misdemeanor conviction ranges from $40 to $370. Any fiscal impact to the State General Fund would include operating costs incurred by the Judicial Branch and State Public Defender.
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Amendments to Article V Convention of States · February 14, 2022
Iowa Code it changes
Lobbying
1 for · 4 against · 0 undecided · Who →
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89th General Assembly
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