Bills › 90th General Assembly
Concerning persons appointed to a convention called by the United States Congress to propose amendments to the United States Constitution, and providing penalties
Sponsored by the House State Government (successor To Hf 34) Committee
Where it is now
- Done: IntroducedJanuary 12, 2023
- Done: SubcommitteeJanuary 17, 2023
- Done: House committeeFebruary 15, 2023
- 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 2024 session adjourned on April 19, 2024, 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 the specific rules and instructions set by the state legislature. If these representatives vote or act outside of their assigned authority, they could face a felony charge. The law also makes it a felony to bribe, threaten, or interfere with these representatives while they are doing their jobs.1
Read the official explanation
S.S. Constitution.S.S. Constitution, or an interim commissioner selected to fill a vacancy in a delegation sent by Iowa to such a convention, from exceeding the scope of the commissioner’s or interim commissioner’s authority by voting or otherwise acting beyond the scope of the commissioner’s or interim commissioner’s commission. The bill defines “commission” as the resolution or other measure adopted by the general assembly setting forth the names of commissioners, the scope of their authority, and other instructions. A commissioner or interim commissioner who exceeds the scope of authority set forth in a commission or subsequent instructions is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill also prohibits a person from knowingly bribing, threatening, intimidating, or obstructing a commissioner, interim commissioner, or person serving in that capacity from another state at a convention held in Iowa, in the performance of the person’s official duties, or attempting to do so. A person who violates this provision of the bill is guilty of a class “D” felony.
Fiscal note
Cost: up to $18,200 Compare with other bills
AI summary This bill prohibits commissioners appointed to a constitutional convention from acting beyond their granted authority and creates penalties for violations or interference with their duties. Because this bill establishes a new criminal offense, the fiscal impact on the state's General Fund cannot be estimated due to a lack of existing conviction data. The potential costs would involve the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
Read the fiscal note
Description
House File 2311 relates to persons appointed to a convention called by the United States Congress to propose amendments to the Constitution of the United States. The Bill prohibits a commissioner from acting beyond the authority granted by the commission, creates penalties for violations and for interference with a commissioner’s duties, and provides definitions. The Bill creates a Class D felony under new Iowa Code chapter 38 for violating provisions related to acting beyond the scope of the authority of the commissioner’s commission or subsequent instruction at a convention called by the United States Congress pursuant to Article V of the Constitution of the United States.
Background
Article V of the Constitution of the United States allows for states to propose amendments to the Constitution of the United States with the approval of two-thirds of the states. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245.
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 $50 per day.
Correctional Impact
House File 2311 creates a new criminal offense, and the correctional impact cannot be estimated for the Bill due to a lack of existing conviction data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class D felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)Conviction Offense Class
Percent
Ordered to
State Prison
FY23 Avg LOS in Prison (All Releases)
Marginal Cost
Per Day
Prison
Percent
Ordered to
Probation
FY23 Field
Avg LOS on
Probation
Avg Cost Per
Day on
Probation
Percent
Sentenced to
CBC
Residential
Facility
Marginal Cost
Per Day CBC
Percent
Ordered to
County Jail
Marginal Cost
Per Day Jail
FY23 Field
Avg LOS on
Parole
Marginal Cost
Per Day
Parole
D Felony (Non-Persons) 84.4% 13.0 24.94$ 69.8% 39.5 7.67$ 14.5% 20.00$ 32.2% 50.00$ 15.7 7.67$
Minority Impact
House File 2311 establishes a new offense. As a result, Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 2311 establishes a new criminal offense, and the fiscal impact cannot be estimated due to a lack of existing conviction data. The average State cost per offense for a Class D felony ranges from $12,600 to $18,200. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision.
Sources
- Criminal and Juvenile Justice Planning, Department of Management
- Department of Corrections
- Legislative Services Agency
- Constitutional Convention Commissioners · February 15, 2024 · $18,200
- Constitutional Convention Commissioners · February 27, 2023
Iowa Code it changes
Lobbying
1 for · 3 against · 2 undecided · Who →
Family tree
Tried before
90th General Assembly
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 got through a chamber.
- HF 2061 Concerning persons appointed to a convention called by the United States Congress to propo…89th General Assembly · Renumbered as HF 2327 · same titleCleared committee
- HF 2173 Concerning persons appointed to a convention called by the United States Congress to propo…89th General Assembly · In committee · similarCleared committee
Similar bills this General Assembly
- HF 2116 Concerning persons appointed to a convention called by the United States Congress to propo…90th General Assembly · In committeeNearly identical
Matched by wording or an identical title.