Bill Text: IA SJR1 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A joint resolution requesting the call of a constitutional convention in order to propose an amendment to the Constitution of the United States to allow Congress and the states to prohibit or otherwise regulate the expenditure of funds for political speech by any corporation, limited liability company, or other corporate entity.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2016-03-10 - Referred to Rules & Administration. S.J. 471. [SJR1 Detail]

Download: Iowa-2015-SJR1-Introduced.html
Senate Joint Resolution 1 - Introduced




                                 SENATE JOINT RESOLUTION       
                                 BY  DVORSKY, BOLKCOM,
                                     DOTZLER, SENG,
                                     BISIGNANO, BOWMAN,
                                     PETERSEN, WILHELM,
                                     TAYLOR, HORN, DEARDEN,
                                     SODDERS, GRONSTAL,
                                     JOCHUM, SCHOENJAHN,
                                     McCOY, HART, BRASE,
                                     ALLEN, MATHIS, RAGAN,
                                     KINNEY, HOGG, and
                                     DANIELSON

                                      SENATE JOINT RESOLUTION

  1 A Joint Resolution requesting the call of a constitutional
  2    convention in order to propose an amendment to the
  3    Constitution of the United States to allow Congress and the
  4    states to prohibit or otherwise regulate the expenditure
  5    of funds for political speech by any corporation, limited
  6    liability company, or other corporate entity.
  7 WHEREAS, by a ruling of the United States supreme court,
  8 a corporation, limited liability company, or other type of
  9 corporate entity is now accorded greater rights of political
 10 activity than was previously lawful; and
 11 WHEREAS, those rights now allow a corporation, a limited
 12 liability company, or other type of corporate entity to use
 13 general treasury funds to make independent expenditures for
 14 electioneering communications or for speech that expressly
 15 advocates the election or defeat of a candidate for public
 16 office; and
 17 WHEREAS, this ruling overturns a century of legislative
 18 and judicial determinations making a distinction between the
 19 political free speech of natural persons and political activity
 20 by corporate entities; and
 21 WHEREAS, a corporate entity has far greater economic
 22 resources than does a natural person and may use those
 23 resources to advance political ideas; and
 24 WHEREAS, restriction and regulation of corporate political
 25 activity is essential to prevent domination of the political
 26 process by corporate entities; NOW THEREFORE,
 27 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    That pursuant to Article V of the Constitution of the United
  1  2 States, the general assembly, as the legislature of the state
  1  3 of Iowa, makes application to the Congress of the United States
  1  4 to call a convention for the specific and exclusive purpose of
  1  5 proposing an amendment to the Constitution of the United States
  1  6 as set forth in substance in this resolution, for submission to
  1  7 the states for ratification.
  1  8    BE IT FURTHER RESOLVED, That if, within sixty days after the
  1  9 legislatures of two=thirds of the states make application for
  1 10 such convention, Congress proposes and submits to the states
  1 11 for ratification an amendment to the Constitution of the United
  1 12 States which empowers Congress and the states to regulate the
  1 13 expenditure of funds for political speech by any corporation,
  1 14 limited liability company, or other corporate entity, in a
  1 15 manner substantially similar to the manner contained in this
  1 16 Joint Resolution, then this application for a convention shall
  1 17 no longer be of any force and effect.
  1 18    BE IT FURTHER RESOLVED, That if the convention is not
  1 19 limited to the specific and exclusive purposes of this Joint
  1 20 Resolution, this application and request shall be null and
  1 21 void, and shall be rescinded and of no effect.
  1 22    BE IT FURTHER RESOLVED, That this application constitutes
  1 23 a continuing application in accordance with Article V of the
  1 24 Constitution of the United States, until at least two=thirds
  1 25 of the legislatures of the several states have made application
  1 26 for a similar convention under Article V, or the Congress has
  1 27 proposed the amendment called for by this Joint Resolution, or
  1 28 the general assembly acts to withdraw this application.
  1 29    "ARTICLE
  1 30    SECTION 1. The sovereign right of the people to govern
  1 31 being essential to a free democracy, Congress and the states
  1 32 may prohibit or otherwise regulate the expenditure of funds for
  1 33 political speech by any corporation, limited liability company,
  1 34 or other corporate entity.
  1 35    SEC. 2. Nothing contained in this article shall be construed
  2  1 to abridge the freedom of the press."; and
  2  2    BE IT FURTHER RESOLVED, That the Secretary of State
  2  3 shall transmit certified copies of this Joint Resolution
  2  4 to the President and Secretary of the United States
  2  5 Senate, the Speaker and Clerk of the United States House of
  2  6 Representatives, the presiding officer in each house of the
  2  7 legislature in each of the states in the union, and each member
  2  8 of the Iowa congressional delegation.
  2  9                           EXPLANATION
  2 10 The inclusion of this explanation does not constitute agreement with
  2 11 the explanation's substance by the members of the general assembly.
  2 12    This joint resolution constitutes a petition requesting the
  2 13 United States Congress to call a constitutional convention in
  2 14 order to propose an amendment to the Constitution of the United
  2 15 States relating to corporate political speech and submit it to
  2 16 the states for ratification.
  2 17    The joint resolution also provides that it shall serve
  2 18 as a continuing application to call a constitutional
  2 19 convention, until at least two=thirds of the legislatures
  2 20 of the several states have made application for a similar
  2 21 convention or the Congress has proposed the amendment called
  2 22 for by this joint resolution. The joint resolution requires
  2 23 that if Congress proposes and submits to the states for
  2 24 ratification an amendment to the Constitution of the United
  2 25 States substantially similar to the amendment set forth in
  2 26 this resolution within 60 days after the requisite number of
  2 27 legislatures make application for a constitutional convention,
  2 28 then this state's application for a convention shall no longer
  2 29 have any force and effect. The joint resolution provides that
  2 30 the general assembly may withdraw this application.
  2 31    The joint resolution provides that if the constitutional
  2 32 convention is not limited to the specific and exclusive
  2 33 purposes of the resolution, that the application and request
  2 34 shall be null and void, and shall be rescinded and of no
  2 35 effect.
  3  1 The proposed amendment to the Constitution of the United
  3  2 States contained in the joint resolution would specifically
  3  3 allow Congress and the states to prohibit or regulate the
  3  4 expenditure of funds for political speech by any corporation,
  3  5 limited liability company, or other corporate entity.
  3  6    The joint resolution requires the Secretary of State to
  3  7 transmit certified copies of this resolution to the President
  3  8 and Secretary of the United States Senate, the Speaker and
  3  9 Clerk of the United States House of Representatives, the
  3 10 presiding officer in each house of the legislature in each
  3 11 of the states in the union, and to each member of the Iowa
  3 12 congressional delegation.
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