Bill Text: IA HF764 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to publication and procedural provisions relating to proposed constitutional amendments and including effective date provisions. (Formerly HSB 247.) Effective 5-10-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-10 - Signed by Governor. H.J. 1084. [HF764 Detail]
Download: Iowa-2019-HF764-Enrolled.html
House
File
764
-
Enrolled
House
File
764
AN
ACT
RELATING
TO
PUBLICATION
AND
PROCEDURAL
PROVISIONS
RELATING
TO
PROPOSED
CONSTITUTIONAL
AMENDMENTS
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
49A.1,
Code
2019,
is
amended
to
read
as
follows:
49A.1
Publication
of
proposed
amendment.
1.
Whenever
any
proposition
to
amend
the
Constitution
has
passed
the
general
assembly
and
been
referred
to
the
next
succeeding
legislature,
the
state
commissioner
of
elections
general
assembly
shall
cause
the
same
to
be
published
as
provided
in
this
section
,
once
each
month,
in
two
newspapers
of
general
circulation
in
each
congressional
district
in
the
state,
for
the
time
required
by
the
Constitution.
2.
For
purposes
of
complying
with
the
publication
requirements
of
this
section,
the
general
assembly
shall
cause
the
proposition
to
amend
the
Constitution
to
be
published,
once
House
File
764,
p.
2
each
month,
in
two
newspapers
of
general
circulation
in
each
congressional
district
in
the
state
and
published,
during
each
month,
on
an
internet
site
of
the
general
assembly.
Sec.
2.
Section
49A.3,
Code
2019,
is
amended
to
read
as
follows:
49A.3
Proof
of
publication
——
record
——
report
to
legislature
.
1.
Proof
of
the
publication
required
by
section
49A.1
shall
be
filed
by
the
general
assembly
in
the
office
of
the
state
commissioner
of
elections,
recorded
in
a
book
kept
for
that
purpose,
and
preserved
by
the
commissioner.
Proof
of
publication
required
by
this
subsection
shall
be
made
by
the
general
assembly
as
follows:
a.
Proof
of
publication
by
newspaper
shall
be
made
by
filing
in
the
office
of
the
state
commissioner
of
elections
affidavits
of
the
publishers
of
the
newspapers
designated
by
the
general
assembly
for
publication
and
a
certificate
by
the
general
assembly
of
the
selection
of
such
newspapers.
b.
Proof
of
publication
on
an
internet
site
of
the
general
assembly
shall
be
made
by
filing
a
certificate
by
the
general
assembly
in
the
office
of
the
state
commissioner
of
elections
that
publication
as
described
in
this
paragraph
has
been
made
as
required
by
law.
2.
Proof
of
the
publication
specified
in
sections
49A.1
and
section
49A.2
shall
be
made
by
the
affidavits
of
the
publishers
of
the
newspapers
designated
by
the
state
commissioner
of
elections
and
such
affidavits,
with
the
certificate
of
the
state
commissioner
of
the
selection
of
such
newspapers,
shall
be
filed
in
the
commissioner’s
office,
recorded
in
a
book
kept
for
that
purpose,
and
preserved
by
the
commissioner
,
and
in
the
case
of
constitutional
amendments
the
commissioner
shall
report
to
the
following
legislature
the
action
in
the
premises
.
Sec.
3.
Section
49A.5,
Code
2019,
is
amended
to
read
as
follows:
49A.5
Submission
at
special
election.
The
general
assembly
may
provide
for
the
submission
of
a
constitutional
amendment
to
the
people
at
a
special
election
for
that
purpose,
at
such
time
as
it
may
prescribe,
House
File
764,
p.
3
proclamation
for
which
election
shall
be
made
by
the
governor,
and
the
same
shall
in
all
respects
be
governed
and
conducted
as
prescribed
by
law
for
the
submission
of
a
constitutional
amendment
at
a
general
election.
Sec.
4.
Section
49A.9,
Code
2019,
is
amended
to
read
as
follows:
49A.9
Expenses.
Expenses
incurred
under
the
provisions
of
this
chapter
shall
be
audited
and
allowed
by
the
director
of
the
department
of
administrative
services
and
paid
out
of
any
money
in
the
state
treasury
not
otherwise
appropriated
to
the
state
commissioner
of
elections
.
Sec.
5.
Section
49A.10,
Code
2019,
is
amended
to
read
as
follows:
49A.10
Action
to
test
legality.
1.
Whenever
an
amendment
to
the
Constitution
of
the
State
of
Iowa
shall
have
been
proposed
and
agreed
to
by
the
general
assembly
and
shall
have
been
agreed
to
by
the
succeeding
general
assembly,
any
taxpayer
may
file
suit
in
equity
in
the
district
court
at
the
seat
of
government
of
the
state,
challenging
the
validity,
legality
or
constitutionality
of
such
amendment,
or
the
procedure
connected
therewith,
and
in
such
suit
the
district
court
shall
have
jurisdiction
to
determine
the
validity,
legality
or
constitutionality
of
said
amendment
or
the
procedure
connected
therewith,
and
enter
its
decree
accordingly,
and
may
grant
a
writ
of
injunction
enjoining
the
governor
and
state
commissioner
of
elections
from
submitting
such
constitutional
amendment
,
if
it,
or
the
procedure
connected
therewith,
the
proposed
constitutional
amendment
shall
have
been
found
to
be
invalid,
illegal
or
unconstitutional.
2.
An
amendment
to
the
Constitution
of
the
State
of
Iowa
which
has
been
proposed
and
agreed
to
by
the
general
assembly
and
has
been
agreed
to
by
the
succeeding
general
assembly
shall
not
be
determined
invalid
in
any
action
challenging
the
validity,
legality,
or
constitutionality
of
such
amendment
in
the
event
of
an
error
or
omission
occurring
with
one
of
the
publication
requirements
of
section
49A.1
and
shall
be
submitted
to
the
electorate
for
ratification
at
the
next
House
File
764,
p.
4
general
or
special
election
as
determined
by
the
general
assembly.
Sec.
6.
REPEAL.
Section
49A.7,
Code
2019,
is
repealed.
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
764,
Eighty-eighth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
