Bill Text: IA HF575 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act establishing an Iowa freedom and sovereignty Act and including penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF575 Detail]
Download: Iowa-2011-HF575-Introduced.html
House
File
575
-
Introduced
HOUSE
FILE
575
BY
PEARSON
A
BILL
FOR
An
Act
establishing
an
Iowa
freedom
and
sovereignty
Act
and
1
including
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2392HH
(5)
84
jp/rj
H.F.
575
Section
1.
NEW
SECTION
.
1.19
Iowa
freedom
and
sovereignty
1
Act.
2
1.
Short
title.
This
section
shall
be
known
as
and
may
be
3
cited
as
the
“Iowa
Freedom
and
Sovereignty
Act”
.
4
2.
Findings.
The
general
assembly
finds
and
declares
all
of
5
the
following
relating
to
federal
and
state
law:
6
a.
The
Declaration
of
Independence
states
the
principles
7
underlying
all
law
in
the
United
States.
8
b.
The
principles
from
the
Declaration
of
Independence
9
provided
the
basis
for
the
Constitution
of
the
United
States
10
and
the
Constitution
of
the
State
of
Iowa,
and
for
providing
11
that
basis
many
consider
those
principles
to
be
supreme
over
12
those
constitutions.
13
c.
The
purpose
of
the
constitutions
and
for
governments
14
is
to
secure
for
all
citizens
of
the
United
States,
as
stated
15
by
the
Declaration
of
Independence,
certain
“unalienable
16
Rights,
that
among
these
are
Life,
Liberty,
and
the
pursuit
of
17
Happiness”.
18
d.
The
form
of
government
established
by
the
founders
19
of
this
nation
can
be
best
described
as
a
republic,
not
a
20
democracy,
and
as
a
republic,
sovereign
power
is
vested
in
21
citizens
individually,
not
collectively.
22
e.
The
ninth,
tenth,
and
eleventh
amendments
to
the
23
Constitution
of
the
United
States
address
the
rights
retained
24
by
the
people,
the
powers
reserved
to
the
states
or
to
the
25
people,
and
constraints
on
the
judicial
power
of
the
United
26
States
relative
to
suits
against
one
state
by
citizens
of
27
another
state
or
by
citizens
or
subjects
of
a
foreign
state.
28
f.
The
Constitution
of
the
United
States
establishes
the
29
constitution
and
the
laws
and
treaties
of
the
United
States
as
30
the
supreme
law
of
the
United
States.
31
g.
The
sovereign
people
of
the
United
States
have
32
not
approved
any
amendment
to
alter
the
authority
of
the
33
Constitution
of
the
United
States.
34
3.
Definitions.
For
the
purposes
of
this
section,
unless
35
-1-
LSB
2392HH
(5)
84
jp/rj
1/
6
H.F.
575
the
context
otherwise
requires:
1
a.
“Contract”
includes
arbitration
agreement
or
other
2
agreement.
3
b.
“Foreign
law”
means
any
law
enacted
by
a
jurisdiction
4
or
a
governmental
or
quasi-governmental
body
other
than
the
5
federal
government
or
a
state
of
the
United
States.
“Foreign
6
law”
includes
a
religious
law,
legal
code,
accord,
or
ruling
7
promulgated
or
made
by
an
international
organization,
tribunal,
8
or
formal
or
informal
administrative
body.
9
4.
Implementation
and
effect.
10
a.
Any
foreign
law
or
other
law
that
is
in
conflict
with
the
11
principles
of
the
Declaration
of
Independence,
the
Constitution
12
of
the
United
States,
or
the
Constitution
of
the
State
of
Iowa
13
shall
not
have
force
or
effect
in
this
state.
14
b.
The
general
assembly
shall
enact
laws
necessary
for
the
15
implementation
of
this
section.
16
c.
This
section
takes
precedence
over
any
other
law
relating
17
to
the
sovereignty
and
rights
of
the
citizens
of
this
state.
18
5.
Jurisdiction.
19
a.
A
court
of
this
state
shall
not
relinquish
jurisdiction
20
over
a
sovereign
citizen
of
this
state
in
any
proceeding
that
21
would
be
in
conflict
with
the
requirements
and
intent
of
this
22
section.
23
b.
It
is
the
public
policy
of
this
state
that
the
only
24
factor
that
a
court,
administrative
agency,
arbitrator,
25
mediator,
or
other
person
acting
under
authority
of
this
26
state’s
laws
shall
consider
in
granting
comity
to
a
decision
27
rendered
under
a
foreign
law
that
affects
a
sovereign
citizen
28
of
this
state
is
whether
the
decision
violates
the
sovereign
29
citizen’s
rights
under
the
Constitution
of
the
United
States
or
30
the
Constitution
of
the
State
of
Iowa.
31
6.
Contracts.
32
a.
If
a
contract
provides
for
the
choice
of
a
foreign
law
33
to
govern
the
enforcement
or
interpretation
of
the
contract
or
34
the
resolution
of
any
claim
or
dispute
involving
the
contract
35
-2-
LSB
2392HH
(5)
84
jp/rj
2/
6
H.F.
575
and
a
sovereign
citizen
of
this
state,
and
if
the
choice
of
a
1
foreign
law
either
results
or
would
result
in
a
violation
of
2
the
sovereign
citizen’s
rights
under
the
Constitution
of
the
3
United
States
or
the
Constitution
of
the
State
of
Iowa,
it
is
4
the
public
policy
of
this
state
that
the
only
factor
considered
5
in
interpreting,
enforcing,
or
applying
the
contract
shall
be
6
the
preservation
of
the
sovereign
citizen’s
rights
under
the
7
Constitution
of
the
United
States
or
the
Constitution
of
the
8
State
of
Iowa.
9
b.
If
a
sovereign
citizen
of
this
state
who
is
subject
10
to
personal
jurisdiction
in
this
state
pursues
litigation,
11
arbitration,
agency
action,
or
other
similar
binding
proceeding
12
in
this
state
and
a
court
in
this
state
finds
that
the
court
13
granting
a
claim
of
forum
non
conveniens
or
other
claim
14
that
the
convenience
of
the
parties
and
ends
of
justice
15
would
be
better
served
if
the
proceeding
is
heard
in
another
16
jurisdiction,
or
if
the
court
finds
that
granting
the
claim
17
would
result
in
a
violation
of
the
constitutional
rights
of
the
18
sovereign
citizen
of
this
state
in
the
foreign
forum,
it
is
the
19
public
policy
of
this
state
that
the
claim
be
denied.
20
c.
This
subsection
shall
not
be
interpreted
as
a
limitation
21
on
the
right
of
a
sovereign
citizen
of
this
state
to
22
voluntarily
reject
or
otherwise
limit
the
sovereign
citizen’s
23
constitutional
rights
in
a
contract
or
to
make
a
specific
24
waiver
of
such
right
consistent
with
constitutional
principles.
25
However,
the
language
of
such
contract
or
waiver
shall
be
26
strictly
construed
in
favor
of
preserving
the
sovereign
27
citizen’s
constitutional
rights.
28
7.
Compliance.
29
a.
A
judge
in
this
state
shall
not
issue
orders
to
levy
or
30
execute
on
the
property
of
a
sovereign
citizen
of
this
state
31
to
collect
any
amount
assessed
against
the
sovereign
citizen
32
for
failure
to
comply
with
a
foreign
law
that
violates
the
33
sovereign
citizen’s
rights
under
the
Constitution
of
the
United
34
States
or
the
Constitution
of
the
State
of
Iowa.
A
person
35
-3-
LSB
2392HH
(5)
84
jp/rj
3/
6
H.F.
575
who
violates
this
subsection
is
subject
to
any
disciplinary
1
sanction
available
to
the
state
bar,
including
but
not
limited
2
to
suspension
or
disbarment.
3
b.
A
federal
judge
in
this
state
who
exercises
jurisdiction
4
over
a
sovereign
citizen
of
this
state
in
a
case
involving
5
foreign
law
which
results
in
violation
of
the
sovereign
6
citizen’s
rights
and
privileges
under
the
Constitution
of
the
7
United
States
or
the
Constitution
of
the
State
of
Iowa
is
8
subject
to
sua
sponte
and
sovereign
citizen-initiated
grievance
9
proceedings
before
the
state
bar
for
doing
so.
If
the
exercise
10
of
jurisdiction
is
determined
to
have
resulted
in
violation
of
11
the
sovereign
citizen’s
rights
and
privileges,
the
judge
is
12
subject
to
any
disciplinary
sanction
available
to
the
state
13
bar,
including
but
not
limited
to
suspension
or
disbarment.
14
c.
A
federal
official
in
this
state
or
a
state
official
15
shall
not
issue
orders
to
levy
or
execute
on
the
property
of
a
16
sovereign
citizen
of
this
state
to
collect
any
amount
assessed
17
against
the
sovereign
citizen
for
failure
to
comply
with
a
18
foreign
law
that
violates
the
sovereign
citizen’s
rights
under
19
the
Constitution
of
the
United
States
or
the
Constitution
of
20
the
State
of
Iowa.
21
d.
A
bank,
credit
union,
trustee,
investment
broker,
or
22
depository
in
this
state
is
not
authorized
to
pay
over
any
23
sums
claimed
to
be
due
under
an
order
or
writ
of
attachment
24
or
garnishment
if
the
order
or
writ
is
for
the
purpose
of
25
collecting
any
amounts
assessed
against
a
sovereign
citizen
26
for
failure
to
comply
with
a
foreign
law
that
violates
the
27
sovereign
citizen’s
rights
under
the
Constitution
of
the
United
28
States
or
the
Constitution
of
the
State
of
Iowa.
29
e.
(1)
An
official,
agent,
or
employee
of
a
state
or
30
federal
government
or
an
employee
of
a
corporation
providing
31
services
to
state
or
federal
government
in
this
state
who
32
enforces
or
attempts
to
enforce
a
foreign
law
in
violation
of
33
this
section
commits
a
class
“D”
felony.
34
(2)
A
party
aggrieved
by
a
violation
of
this
section
as
35
-4-
LSB
2392HH
(5)
84
jp/rj
4/
6
H.F.
575
described
in
this
paragraph
“e”
shall
have
a
private
right
of
1
action
against
the
person
who
committed
the
violation.
2
8.
Applicability.
The
public
policies
expressed
in
this
3
section
are
applicable
only
to
an
actual
or
foreseeable
4
violation
of
a
sovereign
citizen’s
rights
under
the
5
Constitution
of
the
United
States
or
the
Constitution
of
the
6
State
of
Iowa
resulting
from
compliance
with
or
enforcement
of
7
a
foreign
law.
8
EXPLANATION
9
This
bill
establishes
an
Iowa
freedom
and
sovereignty
Act
10
in
new
Code
section
1.19.
The
bill
restricts
enforcement
of
11
provisions
based
on
foreign
law,
as
defined
by
the
bill,
that
12
would
violate
the
rights
and
privileges
under
the
Constitution
13
of
the
United
States
or
the
Constitution
of
the
State
of
Iowa
14
of
a
sovereign
citizen
of
this
state.
The
bill
establishes
15
that
sovereignty
is
vested
in
citizens
individually
and
not
16
collectively.
17
New
Code
section
1.19
is
organized
into
subsections
18
establishing
the
“Iowa
Freedom
and
Sovereignty
Act”
as
the
19
short
title
for
the
legislation.
“Foreign
law”
is
defined
20
to
mean
any
law
enacted
by
a
jurisdiction
or
a
governmental
21
or
quasi-governmental
body
other
than
the
federal
government
22
or
a
state
of
the
United
States.
“Foreign
law”
includes
a
23
religious
law,
legal
code,
accord,
or
ruling
promulgated
by
an
24
international
organization,
tribunal,
or
formal
or
informal
25
administrative
body.
26
The
bill
lists
legislative
findings
concerning
the
meaning
27
and
effect
of
the
Declaration
of
Independence,
the
Constitution
28
of
the
United
States,
and
the
Constitution
of
the
State
of
29
Iowa;
defines
terms;
describes
the
implementation
and
effect
30
of
the
bill;
protects
the
jurisdiction
of
the
courts
of
31
this
state;
addresses
how
the
provisions
of
the
bill
affect
32
contracts;
addresses
judicial
compliance
by
authorizing
the
33
state
bar
to
apply
sanctions
to
judges;
prohibits
financial
34
institutions
from
paying
on
an
order
of
attachment
or
35
-5-
LSB
2392HH
(5)
84
jp/rj
5/
6
H.F.
575
garnishment
if
in
conflict
with
the
bill;
and
prohibits
federal
1
and
state
officials
from
enforcing
or
attempting
to
enforce
2
a
foreign
law
in
violation
of
the
bill,
applying
criminal
3
penalties
and
a
private
right
of
action
against
federal
and
4
state
officials
for
violating
the
bill’s
prohibitions.
If
an
5
official,
agent,
or
employee
of
a
state
or
federal
government
6
or
an
employee
of
a
corporation
providing
services
to
a
state
7
or
federal
government
enforces
or
attempts
to
enforce
a
foreign
8
law
in
violation
of
the
bill,
the
penalty
is
a
class
“D”
9
felony,
which
is
punishable
by
confinement
for
no
more
than
10
five
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
11
The
bill
provides
that
the
public
policies
expressed
are
12
applicable
only
to
an
actual
or
foreseeable
violation
of
a
13
sovereign
citizen’s
constitutional
rights
resulting
from
14
compliance
with
or
enforcement
of
a
foreign
law.
15
-6-
LSB
2392HH
(5)
84
jp/rj
6/
6
