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House Joint Resolution 2

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is proposed:
  1  3    1.  The first paragraph of the Preamble of the Constitution
  1  4 of the State of Iowa is amended to read as follows:
  1  5    PREAMBLE.  WE THE PEOPLE OF THE STATE OF IOWA, grateful to
  1  6 the Supreme Being for the blessings hitherto enjoyed, and
  1  7 feeling our dependence on Him the Supreme Being for a
  1  8 continuation of those blessings, do ordain and establish a
  1  9 free and independent government, by the name of the State of
  1 10 Iowa, the boundaries whereof shall be as follows:
  1 11    2.  Section 4 of Article I of the Constitution of the State
  1 12 of Iowa is amended to read as follows:
  1 13    RELIGIOUS TEST – WITNESSES.  SEC. 4.  No religious test
  1 14 shall be required as a qualification for any office, or public
  1 15 trust, and no person shall be deprived of any of his the
  1 16 person's rights, privileges, or capacities, or disqualified
  1 17 from the performance of any of his the person's public or
  1 18 private duties, or rendered incompetent to give evidence in
  1 19 any court of law or equity, in consequence of his the person's
  1 20 opinions on the subject of religion; and any party to any
  1 21 judicial proceeding shall have the right to use as a witness,
  1 22 or take the testimony of, any other person not disqualified on
  1 23 account of interest, who may be cognizant of any fact material
  1 24 to the case; and parties to suits may be witnesses, as
  1 25 provided by law.
  1 26    3.  Section 7 of Article I of the Constitution of the State
  1 27 of Iowa is amended to read as follows:
  1 28    LIBERTY OF SPEECH AND PRESS.  SEC. 7.  Every person may
  1 29 speak, write, and publish his the person's sentiments on all
  1 30 subjects, being responsible for the abuse of that right.  No
  1 31 law shall be passed to restrain or abridge the liberty of
  1 32 speech, or of the press.  In all prosecutions or indictments
  1 33 for libel, the truth may be given in evidence to the jury, and
  1 34 if it appears to the jury that the matter charged as libellous
  1 35 was true, and was published with good motives and for
  2  1 justifiable ends, the party shall be acquitted.
  2  2    4.  Section 10 of Article I of the Constitution of the
  2  3 State of Iowa is amended to read as follows:
  2  4    RIGHTS OF PERSONS ACCUSED.  SEC. 10.  In all criminal
  2  5 prosecutions, and in cases involving the life, or liberty of
  2  6 an individual the accused shall have a right to a speedy and
  2  7 public trial by an impartial jury; to be informed of the
  2  8 accusation against him the accused, to have a copy of the same
  2  9 when demanded; to be confronted with the witnesses against him
  2 10 the accused; to have compulsory process for his the accused's
  2 11 witnesses; and, to have the assistance of counsel.
  2 12    5.  Section 1 of Article II of the Constitution of the
  2 13 State of Iowa, as amended by the Amendment of 1868 and by
  2 14 amendment number 2 of the Amendments of 1970, is amended to
  2 15 read as follows:
  2 16    ELECTORS.  SEC. 1.  Every citizen of the United States of
  2 17 the age of twenty-one years, who shall have been a resident of
  2 18 this State for such period of time as shall be provided by law
  2 19 and of the County in which he the person claims his the
  2 20 person's vote for such period of time as shall be provided by
  2 21 law, shall be entitled to vote at all elections which are now
  2 22 or hereafter may be authorized by law.  The General Assembly
  2 23 may provide by law for different periods of residence in order
  2 24 to vote for various officers or in order to vote in various
  2 25 elections.  The required periods of residence shall not exceed
  2 26 six months in this State and sixty days in the County.
  2 27    6.  Section 4 of Article III of the Constitution of the
  2 28 State of Iowa, as amended by the Amendment of 1880 and the
  2 29 Amendment of 1926, is amended to read as follows:
  2 30    QUALIFICATIONS.  SEC. 4.  No person shall be a member of
  2 31 the House of Representatives who shall not have attained the
  2 32 age of twenty-one years, be a citizen of the United States,
  2 33 and shall have been an inhabitant of this State one year next
  2 34 preceding his the person's election, and at the time of his
  2 35 the person's election shall have had an actual residence of
  3  1 sixty days in the County, or District he the person may have
  3  2 been chosen to represent.
  3  3    7.  Section 10 of Article III of the Constitution of the
  3  4 State of Iowa is amended to read as follows:
  3  5    PROTEST – RECORD OF VOTE.  SEC. 10.  Every member of the
  3  6 General Assembly shall have the liberty to dissent from, or
  3  7 protest against any Act or resolution which he the member may
  3  8 think injurious to the public, or an individual, and have the
  3  9 reasons for his the member's dissent entered on the journals;
  3 10 and the yeas and nays of the members of either house, on any
  3 11 question, shall, at the desire of any two members present, be
  3 12 entered on the journals.
  3 13    8.  Section 16 of Article III of the Constitution of the
  3 14 State of Iowa, as amended by amendment number 4 of the
  3 15 Amendments of 1968, is amended to read as follows:
  3 16    EXECUTIVE APPROVAL – VETO – ITEM VETO BY GOVERNOR.  SEC.
  3 17 16.  Every bill which shall have passed the General Assembly,
  3 18 shall, before it becomes a law, be presented to the Governor.
  3 19 If he the Governor approve, he the Governor shall sign it; but
  3 20 if not, he the Governor shall return it with his the
  3 21 Governor's objections, to the house in which it originated,
  3 22 which shall enter the same upon their its journal, and proceed
  3 23 to re-consider reconsider it; if, after such re-consideration
  3 24 reconsideration, it again pass passes both houses, by yeas and
  3 25 nays, by a majority of two thirds of the members of each
  3 26 house, it shall become a law, notwithstanding the Governor's
  3 27 objections.  If any bill shall not be returned within three
  3 28 days after it shall have been presented to him the Governor,
  3 29 Sunday excepted, the same shall be a law in like manner as if
  3 30 he the Governor had signed it, unless the General Assembly, by
  3 31 adjournment, prevent prevents such return.  Any bill submitted
  3 32 to the Governor for his the Governor's approval during the
  3 33 last three days of a session of the General Assembly, shall be
  3 34 deposited by him the Governor in the office of the Secretary
  3 35 of State, within thirty days after the adjournment, with his
  4  1 the Governor's approval, if approved by him the Governor, and
  4  2 with his the Governor's objections, if he the Governor
  4  3 disapproves thereof.
  4  4    The Governor may approve appropriation bills in whole or in
  4  5 part, and may disapprove any item of an appropriation bill;
  4  6 and the part approved shall become a law.  Any item of an
  4  7 appropriation bill disapproved by the Governor shall be
  4  8 returned, with his the Governor's objections, to the house in
  4  9 which it originated, or shall be deposited by him the Governor
  4 10 in the office of the Secretary of State in the case of an
  4 11 appropriation bill submitted to the Governor for his the
  4 12 Governor's approval during the last three days of a session of
  4 13 the General Assembly, and the procedure in each case shall be
  4 14 the same as provided for other bills.  Any such item of an
  4 15 appropriation bill may be enacted into law notwithstanding the
  4 16 Governor's objections, in the same manner as provided for
  4 17 other bills.
  4 18    9.  Section 21 of Article III of the Constitution of the
  4 19 State of Iowa is amended to read as follows:
  4 20    MEMBERS NOT APPOINTED TO OFFICE.  SEC. 21.  No senator or
  4 21 representative shall, during the time for which he the senator
  4 22 or representative shall have been elected, be appointed to any
  4 23 civil office of profit under this State, which shall have been
  4 24 created, or the emoluments of which shall have been increased
  4 25 during such term, except such offices as may be filled by
  4 26 elections by the people.
  4 27    10.  Section 23 of Article III of the Constitution of the
  4 28 State of Iowa is amended to read as follows:
  4 29    FAILURE TO ACCOUNT.  SEC. 23.  No person who may hereafter
  4 30 be a collector or holder of public monies, shall have a seat
  4 31 in either House of the General Assembly, or be eligible to
  4 32 hold any office of trust or profit in this State, until he the
  4 33 person shall have accounted for and paid into the treasury all
  4 34 sums for which he the person may be liable.
  4 35    11.  Section 8 of Article IV of the Constitution of the
  5  1 State of Iowa is amended to read as follows:
  5  2    DUTIES OF GOVERNOR.  SEC. 8.  He The Governor shall
  5  3 transact all executive business with the officers of
  5  4 government, civil and military, and may require information in
  5  5 writing from the officers of the executive department upon any
  5  6 subject relating to the duties of their respective offices.
  5  7    12.  Section 9 of Article IV of the Constitution of the
  5  8 State of Iowa is amended to read as follows:
  5  9    EXECUTION OF LAWS.  SEC. 9.  He The Governor shall take
  5 10 care that the laws are faithfully executed.
  5 11    13.  Section 11 of Article IV of the Constitution of the
  5 12 State of Iowa is amended to read as follows:
  5 13    CONVENING GENERAL ASSEMBLY.  SEC. 11.  He The Governor may,
  5 14 on extraordinary occasions, convene the General Assembly by
  5 15 proclamation, and shall state to both Houses, when assembled,
  5 16 the purpose for which they shall have been convened.
  5 17    14.  Section 12 of Article IV of the Constitution of the
  5 18 State of Iowa is amended to read as follows:
  5 19    MESSAGE.  SEC. 12.  He The Governor shall communicate, by
  5 20 message, to the General Assembly, at every regular session,
  5 21 the condition of the State, and recommend such matters as he
  5 22 the Governor shall deem expedient.
  5 23    15.  Section 13 of Article IV of the Constitution of the
  5 24 State of Iowa is amended to read as follows:
  5 25    ADJOURNMENT.  SEC. 13.  In case of disagreement between the
  5 26 two Houses with respect to the time of adjournment, the
  5 27 Governor shall have power to adjourn the General Assembly to
  5 28 such time as he the Governor may think proper; but no such
  5 29 adjournment shall be beyond the time fixed for the regular
  5 30 meeting of the next General Assembly.
  5 31    16.  Section 16 of Article IV of the Constitution of the
  5 32 State of Iowa is amended to read as follows:
  5 33    PARDONS – REPRIEVES – COMMUTATIONS.  SEC. 16.  The
  5 34 Governor shall have power to grant reprieves, commutations and
  5 35 pardons, after conviction, for all offences offenses except
  6  1 treason and cases of impeachment, subject to such regulations
  6  2 as may be provided by law.  Upon conviction for treason, he
  6  3 the Governor shall have power to suspend the execution of the
  6  4 sentence until the case shall be reported to the General
  6  5 Assembly at its next meeting, when the General Assembly shall
  6  6 either grant a pardon, commute the sentence, direct the
  6  7 execution of the sentence, or grant a further reprieve.  He
  6  8 The Governor shall have power to remit fines and forfeitures,
  6  9 under such regulations as may be prescribed by law; and shall
  6 10 report to the General Assembly, at its next meeting, each case
  6 11 of reprieve, commutation, or pardon granted, and the reasons
  6 12 therefor; and also all persons in whose favor remission of
  6 13 fines and forfeitures shall have been made, and the several
  6 14 amounts remitted.
  6 15    17.  Section 17 of Article IV of the Constitution of the
  6 16 State of Iowa is amended to read as follows:
  6 17    LIEUTENANT GOVERNOR TO ACT AS GOVERNOR.  SEC. 17.  In case
  6 18 of the death, impeachment, resignation, removal from office,
  6 19 or other disability of the Governor, the powers and duties of
  6 20 the office for the residue of the term, or until he the
  6 21 Governor shall be acquitted, or the disability removed, shall
  6 22 devolve upon the Lieutenant Governor.
  6 23    18.  Section 20 of Article IV of the Constitution of the
  6 24 State of Iowa is amended to read as follows:
  6 25    SEAL OF STATE.  SEC. 20.  There shall be a seal of this
  6 26 State, which shall be kept by the Governor, and used by him
  6 27 the Governor officially, and shall be called the Great Seal of
  6 28 the State of Iowa.
  6 29    19.  Section 12 of Article V of the Constitution of the
  6 30 State of Iowa, as amended by amendment number 1 of the
  6 31 Amendments of 1972, is amended to read as follows:
  6 32    ATTORNEY GENERAL.  SEC. 12.  The General Assembly shall
  6 33 provide, by law, for the election of an Attorney General by
  6 34 the people, whose term of office shall be four years, and
  6 35 until his the Attorney General's successor is elected and
  7  1 qualifies.
  7  2    20.  Paragraphs 1 and 2 of section 16 of Article V of the
  7  3 Constitution of the State of Iowa, as added by the Amendment
  7  4 of 1962, are amended to read as follows:
  7  5    There shall be a State Judicial Nominating Commission.
  7  6 Such Commission shall make nominations to fill vacancies in
  7  7 the Supreme Court.  Until July 4, 1973, and thereafter unless
  7  8 otherwise provided by law, the State Judicial Nominating
  7  9 Commission shall be composed and selected as follows:  There
  7 10 shall be not less than three nor more than eight appointive
  7 11 members, as provided by law, and an equal number of elective
  7 12 members on such Commission, all of whom shall be electors of
  7 13 the State.  The appointive members shall be appointed by the
  7 14 Governor subject to confirmation by the Senate.  The elective
  7 15 members shall be elected by the resident members of the bar of
  7 16 the State.  The judge of the Supreme Court who is senior in
  7 17 length of service on said Court, other than the Chief Justice,
  7 18 shall also be a member of such Commission and shall be its
  7 19 chairman chairperson.
  7 20    There shall be a District Judicial Nominating Commission in
  7 21 each judicial district of the State.  Such commissions shall
  7 22 make nominations to fill vacancies in the District Court
  7 23 within their respective districts.  Until July 4, 1973, and
  7 24 thereafter unless otherwise provided by law, District Judicial
  7 25 Nominating Commissions shall be composed and selected as
  7 26 follows:  There shall be not less than three nor more than six
  7 27 appointive members, as provided by law, and an equal number of
  7 28 elective members on each such commission, all of whom shall be
  7 29 electors of the district.  The appointive members shall be
  7 30 appointed by the Governor.  The elective members shall be
  7 31 elected by the resident members of the bar of the district.
  7 32 The district judge of such district who is senior in length of
  7 33 service shall also be a member of such commission and shall be
  7 34 its chairman chairperson.
  7 35    21.  Section 1 of Article VI of the Constitution of the
  8  1 State of Iowa, as amended by the Amendment of 1868, is amended
  8  2 to read as follows:
  8  3    COMPOSITION – TRAINING.  SECTION 1.  The militia of this
  8  4 State shall be composed of all able-bodied male citizens,
  8  5 between the ages of eighteen and forty five forty-five years,
  8  6 except such as are or may hereafter be exempt by the laws of
  8  7 the United States, or of this State, and shall be armed,
  8  8 equipped, and trained, as the General Assembly may provide by
  8  9 law.
  8 10    22.  Section 9 of Article VIII of the Constitution of the
  8 11 State of Iowa is amended to read as follows:
  8 12    STOCKHOLDERS' RESPONSIBILITY.  SEC. 9.  Every stockholder
  8 13 in a banking corporation or institution shall be individually
  8 14 responsible and liable to its creditors, over and above the
  8 15 amount of stock by him or her held by the stockholder, to an
  8 16 amount equal to his or her the stockholder's respective shares
  8 17 so held for all of its liabilities, accruing while he or she
  8 18 the stockholder remains such stockholder.
  8 19    Sec. 2.  The foregoing amendment to the Constitution of the
  8 20 State of Iowa is referred to the General Assembly to be chosen
  8 21 at the next general election for members of the General
  8 22 Assembly, and the Secretary of State is directed to cause the
  8 23 same to be published for three consecutive months previous to
  8 24 the date of that election as provided by law.  
  8 25                           EXPLANATION
  8 26    This joint resolution proposes an amendment to the
  8 27 Constitution of the State of Iowa to make all references to
  8 28 persons or officers gender neutral.  The resolution, if
  8 29 adopted, would be referred to the next general assembly before
  8 30 being submitted to the electorate for ratification.  
  8 31 LSB 1006HH 78
  8 32 pf/sc/14.1
     

Text: HJR00001                          Text: HJR00003
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