Iowa SF 350: A bill for an act relating to motor vehicle window tint, and making penalties applicable.

Bill Text

Senate
File
350
-
Introduced

SENATE
FILE
350

BY
GREEN

(COMPANION
TO
HF
438
BY
JONES)

A
BILL
FOR

An
Act
concerning
persons
appointed
to
a
convention
called
by
1

the
United
States
Congress
to
propose
amendments
to
the
2

Constitution
of
the
United
States,
making
appropriations,
3

and
providing
penalties.
4

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5

TLSB
1932XS
(2)
91

ss/ns

S.F.
350

Section
1.
LEGISLATIVE
FINDINGS.
The
general
assembly
1

finds
all
of
the
following:
2

1.
Article
V
of
the
Constitution
of
the
United
States
3

contains
two
methods
for
proposing
amendments
to
the
4

Constitution
of
the
United
States:
5

a.
The
proposal
of
amendments
by
Congress
whenever
6

two-thirds
of
both
houses
shall
deem
it
necessary.
7

b.
The
call
of
a
convention
for
proposing
amendments
by
8

Congress
upon
the
application
of
the
legislatures
of
two-thirds
9

of
the
several
states.
10

2.
There
have
been
over
four
hundred
fifty
applications
11

for
an
Article
V
convention
of
the
states
for
the
purpose
of
12

proposing
amendments.
13

3.
Every
state
legislature
except
Hawaii
has
enacted
one
14

or
more
resolutions
calling
for
an
Article
V
convention
of
the
15

states
for
the
purpose
of
proposing
amendments.
Some
states
16

have
rescinded
some
or
all
of
such
resolutions.
17

4.
Thirty-seven
states
have
current
resolutions
calling
18

for
an
Article
V
convention
of
the
states
for
the
purpose
19

of
proposing
amendments.
These
states
are:
Alabama,
20

Alaska,
Arkansas,
California,
Connecticut,
Florida,
Georgia,
21

Illinois,
Indiana,
Iowa,
Kansas,
Kentucky,
Louisiana,
Maine,
22

Massachusetts,
Michigan,
Minnesota,
Mississippi,
Missouri,
23

Nebraska,
New
Hampshire,
North
Carolina,
North
Dakota,
Ohio,
24

Oklahoma,
Pennsylvania,
Rhode
Island,
South
Carolina,
South
25

Dakota,
Tennessee,
Texas,
Utah,
Vermont,
Washington,
West
26

Virginia,
Wisconsin,
and
Wyoming.
27

5.
Each
of
these
applications
have
specified
topics
for
28

such
a
convention.
A
very
small
number
have
been
a
call
for
29

a
general
convention.
The
vast
majority
of
applications
have
30

been
for
a
convention
to
propose
amendments
on
a
specified
31

topic.
32

6.
No
set
of
applications
from
the
legislatures
of
the
33

several
states
has
ever
reached
the
threshold
of
two-thirds
of

34

the
states
applying
for
a
convention
for
the
same
topic.
35

-1-

LSB
1932XS
(2)
91

ss/ns
1/
14

S.F.
350

7.
An
unwavering
historical
precedent
has
been
established
1

for
a
valid
application
for
an
Article
V
convention
of
the
2

states
for
the
purpose
of
proposing
amendments,
by
requiring
3

two-thirds
of
the
legislatures
of
the
several
states
to
apply
4

for
a
convention
for
amendments
on
the
same
topic
or
topics.
5

8.
The
general
assembly
of
Iowa
has
passed
nine
resolutions
6

calling
for
an
Article
V
convention
of
the
states
for
the
7

purpose
of
proposing
amendments
on
a
variety
of
topics.
Eight
8

of
these
resolutions
are
still
valid,
although
three
of
them
9

are
likely
moot
since
the
topic
therein
concerned
the
direct
10

election
of
United
States
senators.
11

9.
There
are
contemporary
efforts
to
call
for
an
Article
12

V
convention
of
the
states
for
the
purpose
of
proposing
13

amendments
that
have
reached
more
than
one-half
of
the
required
14

number
of
states
to
require
Congress
to
call
such
a
convention.
15

10.
It
is
in
the
best
interest
of
the
people
of
Iowa
for
16

its
general
assembly
to
be
prepared
to
nominate,
credential,
17

and
oversee
the
actions
of
delegates
that
it
will
appoint
for
18

such
a
convention
regardless
of
the
topic
if
such
convention
19

is
called.
20

11.
The
historic
record
makes
it
clear
that
the
founders
21

used
the
term
“convention
of
states”
to
describe
the
Article
22

V
convention
process.
This
terminology
has
at
least
one
23

particular
legal
meaning.
It
clarifies
that
the
convention
24

will
be
in
the
form
of
states
meeting
as
states.
By
25

definition,
all
conventions
of
states
require
voting
on
the
26

basis
of
one
state,
one
vote.

27

12.
All
stages
of
the
convention
process
proceed
on
the
28

basis
of
one
state,
one
vote.
Two-thirds
of
the
states
are

29

required
to
call
a
convention.
A
majority
of
the
states
30

are
required
to
finalize
the
text
of
any
proposed
amendments
31

drafted
by
the
convention.
Three-fourths
of
the
states
are
32

required,
via
either
their
legislature
or
in
ratification
33

conventions
as
shall
be
specified
by
Congress,
to
ratify
the
34

text
of
any
proposed
amendment.
35

-2-

LSB
1932XS
(2)
91

ss/ns
2/
14

S.F.
350

13.
As
established
at
the
original
constitutional
1

convention
in
Philadelphia
in
1787,
the
legislature
of
each
2

state
names
its
commissioners
or
delegates,
and
gives
them
such
3

instructions
as
the
legislature
deems
appropriate.
4

14.
Once
two-thirds
of
the
several
states
have
applied
for
5

a
convention
for
the
same
topic,
the
duty
of
Congress
to
call
a
6

convention
is
mandatory.
7

15.
Litigation
surrounding
the
ratification
of
the
equal
8

rights
am