Bill > HF438

Introduced Session

This bill relates to the appointment and regulation of commissioners to a convention called by Congress to propose amendments to the Constitution of the United States (convention). The bill includes legislative findings. The bill requires the majority leader of the senate and the speaker of the house of representatives to call a special session of the general assembly if Congress calls a convention and the general assembly is not in session and is not scheduled to be in session within 30 days. The special session shall be limited to the matters listed in the bill. The bill requires a delegation sent by Iowa to a convention to always consist of five members (commissioners). The bill requires a commissioner to be and have been for at least 5 years a citizen of the United States and a resident of Iowa, at least 25 years of age, and registered to vote in Iowa. The bill prohibits a commissioner from being registered or required to register as a lobbyist; a federal employee or contractor, other than as a member of the United States armed forces, within the last 10 years; a federal appointed officer requiring confirmation by the senate of the United States or a federal elected officer within the last 10 years; convicted of a felony within the last 10 years; currently employed by any agency of any government; or a member of the general assembly within the last 2 years. The bill requires each chamber of the general assembly to select two commissioners by adoption of a simple resolution and to nominate one additional member. A conference committee appointed by the majority leader of the senate and the speaker of the house of representatives shall select which alternate member shall act as the fifth commissioner and which shall serve as the first alternate commissioner. The bill also requires each chamber to select two additional alternate commissioners and provides a process for ranking the alternate commissioners. The bill requires the resolution appointing a commissioner to contain prohibitions on supporting or voting for certain proposals and amendments at a convention and the scope of the commissioner’s authority, which shall be limited to the topic of the convention. The bill allows the general assembly to provide additional instructions to a commissioner by adoption of a further resolution. The bill requires each commissioner to execute an oath in writing to obey the commission of the commissioner, which shall be filed with the secretary of state. The bill allows the general assembly to remove a commissioner at any time for any reason by adoption of a resolution by a constitutional majority of both chambers. The bill allows an advisory committee, consisting of a member selected by the majority leader of the senate, a member selected by the speaker of the house of representatives, and a third member selected by the presiding officer of the chamber whose nominee for the fifth commissioner was not selected, to remove a commissioner if the advisory committee finds by a preponderance of the evidence that a commissioner acted contrary to the commissioner’s commission or oath. The bill includes a mechanism for calling a meeting of the advisory committee and notifying a commissioner of potential adverse actions. The bill allows a commissioner to be represented by counsel of the commissioner’s choosing at the commissioner’s expense. The bill allows a removed commissioner to appeal to the general assembly but prohibits judicial review. The bill creates a vacancy in the office of commissioner when a commissioner resigns, dies, or becomes unable to attend the convention for any health or personal reason, or when a commissioner is absent for more than three consecutive days or five days total. The bill provides a mechanism for the replacement of a commissioner with an alternate commissioner. The bill sets the compensation for a commissioner at the same rate as for a district court judge. The bill grants a commissioner an allowance for expenses that is the same as for a member of the general assembly who is not a resident of Polk county. The bill makes a commissioner an employee of the general assembly for administrative purposes and prohibits a commissioner from receiving compensation for outside employment during active attendance at a convention. The bill appropriates necessary moneys from the general fund for these purposes. The bill requires a commissioner to abide by the provisions of Code section 68B.22 (gifts accepted or received) and to make the same financial disclosures as required for a member of the general assembly. The bill prohibits a person from making expenditures to seek appointment as a commissioner or alternate commissioner. A commissioner who knowingly introduces, sponsors, or votes for any proposed amendment that addresses a topic that is beyond the scope of the commissioner’s authority is guilty of a class “D” felony, which shall constitute an infamous crime. 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. Under the Constitution of the State of Iowa, a person convicted of an infamous crime is not entitled to the privilege of an elector. A person who, except as authorized by law, knowingly bribes, threatens, intimidates, or obstructs a commissioner or alternate commissioner from Iowa, or from any state if the convention is held in Iowa, in the performance of the commissioner’s or alternate commissioner’s duties is guilty of a class “D” felony. A violation of this provision of the bill is punishable in Iowa regardless of where the prohibited act occurs.

AI Summary

Committee Categories

Megan Jones (R)*, 

Committee report approving bill, renumbered as HF 654. (on 02/28/2025)

Official Document