Bills › 90th 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
Where it is now
- Done: IntroducedJanuary 12, 2023
- Done: SubcommitteeJanuary 17, 2023
- Done: House committeeFebruary 15, 2023
- Skipped: Passes the HouseContinued as HF 2311
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 2311 → Its progress continues under the new number. Go to HF 2311 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 or proposing changes that go against their instructions or the rules of the convention. 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.
House subcommittee
Named January 23, 2024. On January 24, 2024 it recommended passage. Vote Total: 2-1.
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
Can’t be estimated 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 →
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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 2327 Concerning persons appointed to a convention called by the United States Congress to propo…89th General Assembly · Approved by committee · 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.