Bills › 89th General Assembly

HJR 5Passed both chambers · May 19, 2021

Proposing an amendment to the Constitution of the State of Iowa that the Constitution of the State of Iowa does not recognize, grant, or secure a right to abortion or require the public funding of abortion

Constitutional amendment Didn’t pass a second time →

Topics:Reproductive rights

Same legislation: HSB 41, SJR 2

Where it is now

  1. Done: IntroducedJanuary 13, 2021
  2. Done: Approved in committeeJanuary 21, 2021
  3. Done: Passes the HouseJanuary 27, 2021
  4. Done: Passes the SenateApril 6, 2021
  5. Now: Passes again next General AssemblyThe same wording, after an election
  6. Next: Voters decideOn the next general election ballot

Passed both chambers A constitutional amendment must pass two General Assemblies in a row, then be approved by voters. What’s a funnel?

What’s in it

This joint resolution proposes an amendment to the Constitution of the State of Iowa specifying that “to defend and protect unborn children, we the people of the State of Iowa declare that this Constitution does not recognize, grant, or secure a right to abortion or require the public funding of abortion”. The joint resolution, if adopted, would be published and then referred to the next general assembly (90th) for adoption, before being submitted to the electorate for ratification.

Changed since by amendments H-1525, S-3128, S-3127; see Amendments.

Full bill text · What changed before it passed1

House subcommittee

Named January 13, 2021 (as HSB 41). On January 19, 2021 it recommended passage. H.J. 178.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

Cost: up to $14,400 Compare with other bills

AI summary This bill proposes an amendment to the Iowa Constitution regarding abortion rights and public funding. It is estimated to cost the Secretary of State's office $14,400 in fiscal year 2023 for initial publication and $178,200 in fiscal year 2025 if passed a second time.2

Read the fiscal note

Description

House Joint Resolution 5 proposes an amendment to the Iowa Constitution specifying that the Constitution shall not be construed to recognize, grant, or secure a right to abortion or to require the public funding of abortion.

Background

Iowa Code section 49A.1 and the Iowa Constitution require that when a proposed amendment to the Constitution has passed the General Assembly and has been referred to the next succeeding General Assembly, the General Assembly is required to cause the proposed amendment to be published in two newspapers of general circulation in each Iowa congressional district once each month for three consecutive months prior to the start of the next General Assembly. The General Assembly is also required to make the amendment available on an Internet site.

Upon passage of the same amendment by the succeeding General Assembly, Iowa Code section 49A.2 requires the amendment to be published in newspapers in all 99 counties once each month for 3 consecutive months immediately preceding the general election. Iowa Code section 49A.9 requires that these expenses, while arranged by the General Assembly, are required to be paid for by the State Commissioner of Elections (Secretary of State).

Assumptions

  • The average cost to publish an amendment in a single newspaper is $600.
  • Publication of the initial amendment would occur in eight newspapers (two in each congressional district) for a three-month period.
  • Subsequent publication of the amendment would occur in 99 newspapers (one in each county) for a 3-month period if the Joint Resolution were passed by the 90th General Assembly.

Fiscal Impact

Constitutional Amendment Publication Cost. The estimated cost to publish a proposed constitutional amendment passed by the General Assembly during the 2021 Legislative Session would be $14,400 (8 newspapers x 3 months x $600). The costs would be incurred in the fall of 2022 (FY 2023).

Assuming the proposed amendment is passed a second time during the 90th General Assembly, the estimated cost would be $178,200 (99 newspapers x 3 months x $600). The costs would be incurred in the fall of 2024 (FY 2025).

These publication costs would be incurred by the Secretary of the Senate’s Office and the Chief Clerk’s Office in the House of Representatives and reimbursed from an appropriation to the Iowa Secretary of State’s Office.

Sources

  • Legislative Services Agency
  • Office of the Secretary of State

The estimate held steady

  1. $14,400 January 26, 2021
  2. $14,400 February 17, 2021
  3. $14,400 June 28, 2021 · final
3

Reading a fiscal note4

Lobbying

9 for · 12 against · 2 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.

  • SJR 2001 Proposing an amendment to the Constitution of the State of Iowa to protect life by declari…
    88th General Assembly · Passed Senate · same title
    Passed a chamber
  • HSB 577 HSB 577
    88th General Assembly · Approved by committee · very similar
    Cleared committee

Matched by wording or an identical title.