House Joint Resolution 4
HOUSE JOINT RESOLUTION
BY JOCHUM
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
HOUSE JOINT RESOLUTION
1 A Joint Resolution proposing an amendment to the Constitution of
2 the State of Iowa to make the Constitution of the State of
3 Iowa gender neutral.
4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2333HH 80
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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 libelous was true, and was published with good motives and for
2 1 justifiable ends, the party shall be acquitted.
2 2 4. Section 9 of Article I of the Constitution of the State
2 3 of Iowa is amended to read as follows:
2 4 RIGHT OF TRIAL BY JURY == DUE PROCESS OF LAW. SEC. 9. The
2 5 right of trial by jury shall remain inviolate; but the General
2 6 Assembly may authorize trial by a jury of a less number than
2 7 twelve men individuals in inferior courts; but no person shall
2 8 be deprived of life, liberty, or property, without due process
2 9 of law.
2 10 5. Section 10 of Article I of the Constitution of the
2 11 State of Iowa is amended to read as follows:
2 12 RIGHTS OF PERSONS ACCUSED. SEC. 10. In all criminal
2 13 prosecutions, and in cases involving the life, or liberty of
2 14 an individual the accused shall have a right to a speedy and
2 15 public trial by an impartial jury; to be informed of the
2 16 accusation against him the accused, to have a copy of the same
2 17 when demanded; to be confronted with the witnesses against him
2 18 the accused; to have compulsory process for his the accused's
2 19 witnesses; and, to have the assistance of counsel.
2 20 6. Section 1 of Article II of the Constitution of the
2 21 State of Iowa, as amended by the Amendment of 1868 and by
2 22 amendment number 2 of the Amendments of 1970, is amended to
2 23 read as follows:
2 24 ELECTORS. SEC. 1. SECTION 1. Every citizen of the United
2 25 States of the age of twenty=one years, who shall have been a
2 26 resident of this state for such period of time as shall be
2 27 provided by law and of the county in which he the person
2 28 claims his the person's vote for such period of time as shall
2 29 be provided by law, shall be entitled to vote at all elections
2 30 which are now or hereafter may be authorized by law. The
2 31 General Assembly may provide by law for different periods of
2 32 residence in order to vote for various officers or in order to
2 33 vote in various elections. The required periods of residence
2 34 shall not exceed six months in this state and sixty days in
2 35 the county.
3 1 7. Section 4 of Article III of the Constitution of the
3 2 State of Iowa, as amended by the Amendment of 1880 and the
3 3 Amendment of 1926, is amended to read as follows:
3 4 QUALIFICATIONS. SEC. 4. No person shall be a member of
3 5 the House of Representatives who shall not have attained the
3 6 age of twenty=one years, be a citizen of the United States,
3 7 and shall have been an inhabitant of this State one year next
3 8 preceding his the person's election, and at the time of his
3 9 the person's election shall have had an actual residence of
3 10 sixty days in the County, or District he the person may have
3 11 been chosen to represent.
3 12 8. Section 10 of Article III of the Constitution of the
3 13 State of Iowa is amended to read as follows:
3 14 PROTEST == RECORD OF VOTE. SEC. 10. Every member of the
3 15 General Assembly shall have the liberty to dissent from, or
3 16 protest against any Act or resolution which he the member may
3 17 think injurious to the public, or an individual, and have the
3 18 reasons for his the member's dissent entered on the journals;
3 19 and the yeas and nays of the members of either house, on any
3 20 question, shall, at the desire of any two members present, be
3 21 entered on the journals.
3 22 9. Section 16 of Article III of the Constitution of the
3 23 State of Iowa, as amended by amendment number 4 of the
3 24 Amendments of 1968, is amended to read as follows:
3 25 EXECUTIVE APPROVAL == VETO == ITEM VETO BY GOVERNOR. SEC.
3 26 16. Every bill which shall have passed the General Assembly,
3 27 shall, before it becomes a law, be presented to the Governor.
3 28 If he approve the Governor approves, he the Governor shall
3 29 sign it; but if not, he the Governor shall return it with his
3 30 the Governor's objections, to the house in which it
3 31 originated, which shall enter the same upon their its journal,
3 32 and proceed to re=consider reconsider it; if, after such re=
3 33 consideration reconsideration, it again pass passes both
3 34 houses, by yeas and nays, by a majority of two thirds of the
3 35 members of each house, it shall become a law, notwithstanding
4 1 the Governor's objections. If any bill shall not be returned
4 2 within three days after it shall have been presented to him
4 3 the Governor, Sunday excepted, the same shall be a law in like
4 4 manner as if he the Governor had signed it, unless the General
4 5 Assembly, by adjournment, prevent prevents such return. Any
4 6 bill submitted to the Governor for his the Governor's approval
4 7 during the last three days of a session of the General
4 8 Assembly, shall be deposited by him the Governor in the office
4 9 of the Secretary of State, within thirty days after the
4 10 adjournment, with his the Governor's approval, if approved by
4 11 him the Governor, and with his the Governor's objections, if
4 12 he the Governor disapproves thereof.
4 13 The Governor may approve appropriation bills in whole or in
4 14 part, and may disapprove any item of an appropriation bill;
4 15 and the part approved shall become a law. Any item of an
4 16 appropriation bill disapproved by the Governor shall be
4 17 returned, with his the Governor's objections, to the house in
4 18 which it originated, or shall be deposited by him the Governor
4 19 in the office of the Secretary of State in the case of an
4 20 appropriation bill submitted to the Governor for his the
4 21 Governor's approval during the last three days of a session of
4 22 the General Assembly, and the procedure in each case shall be
4 23 the same as provided for other bills. Any such item of an
4 24 appropriation bill may be enacted into law notwithstanding the
4 25 Governor's objections, in the same manner as provided for
4 26 other bills.
4 27 10. Section 21 of Article III of the Constitution of the
4 28 State of Iowa is amended to read as follows:
4 29 MEMBERS NOT APPOINTED TO OFFICE. SEC. 21. No senator or
4 30 representative shall, during the time for which he the senator
4 31 or representative shall have been elected, be appointed to any
4 32 civil office of profit under this State, which shall have been
4 33 created, or the emoluments of which shall have been increased
4 34 during such term, except such offices as may be filled by
4 35 elections by the people.
5 1 11. Section 23 of Article III of the Constitution of the
5 2 State of Iowa is amended to read as follows:
5 3 FAILURE TO ACCOUNT. SEC. 23. No person who may hereafter
5 4 be a collector or holder of public monies, shall have a seat
5 5 in either House of the General Assembly, or be eligible to
5 6 hold any office of trust or profit in this State, until he the
5 7 person shall have accounted for and paid into the treasury all
5 8 sums for which he the person may be liable.
5 9 12. Section 8 of Article IV of the Constitution of the
5 10 State of Iowa is amended to read as follows:
5 11 DUTIES OF GOVERNOR. SEC. 8. He The Governor shall
5 12 transact all executive business with the officers of
5 13 government, civil and military, and may require information in
5 14 writing from the officers of the executive department upon any
5 15 subject relating to the duties of their respective offices.
5 16 13. Section 9 of Article IV of the Constitution of the
5 17 State of Iowa is amended to read as follows:
5 18 EXECUTION OF LAWS. SEC. 9. He The Governor shall take
5 19 care that the laws are faithfully executed.
5 20 14. Section 11 of Article IV of the Constitution of the
5 21 State of Iowa is amended to read as follows:
5 22 CONVENING GENERAL ASSEMBLY. SEC. 11. He The Governor may,
5 23 on extraordinary occasions, convene the General Assembly by
5 24 proclamation, and shall state to both Houses, when assembled,
5 25 the purpose for which they shall have been convened.
5 26 15. Section 12 of Article IV of the Constitution of the
5 27 State of Iowa is amended to read as follows:
5 28 MESSAGE. SEC. 12. He The Governor shall communicate, by
5 29 message, to the General Assembly, at every regular session,
5 30 the condition of the State, and recommend such matters as he
5 31 the Governor shall deem expedient.
5 32 16. Section 13 of Article IV of the Constitution of the
5 33 State of Iowa is amended to read as follows:
5 34 ADJOURNMENT. SEC. 13. In case of disagreement between the
5 35 two Houses with respect to the time of adjournment, the
6 1 Governor shall have power to adjourn the General Assembly to
6 2 such time as he the Governor may think proper; but no such
6 3 adjournment shall be beyond the time fixed for the regular
6 4 meeting of the next General Assembly.
6 5 17. Section 16 of Article IV of the Constitution of the
6 6 State of Iowa is amended to read as follows:
6 7 PARDONS == REPRIEVES == COMMUTATIONS. SEC. 16. The
6 8 Governor shall have power to grant reprieves, commutations and
6 9 pardons, after conviction, for all offences offenses except
6 10 treason and cases of impeachment, subject to such regulations
6 11 as may be provided by law. Upon conviction for treason, he
6 12 the Governor shall have power to suspend the execution of the
6 13 sentence until the case shall be reported to the General
6 14 Assembly at its next meeting, when the General Assembly shall
6 15 either grant a pardon, commute the sentence, direct the
6 16 execution of the sentence, or grant a further reprieve. He
6 17 The Governor shall have power to remit fines and forfeitures,
6 18 under such regulations as may be prescribed by law; and shall
6 19 report to the General Assembly, at its next meeting, each case
6 20 of reprieve, commutation, or pardon granted, and the reasons
6 21 therefor; and also all persons in whose favor remission of
6 22 fines and forfeitures shall have been made, and the several
6 23 amounts remitted.
6 24 18. Section 17 of Article IV of the Constitution of the
6 25 State of Iowa is amended to read as follows:
6 26 LIEUTENANT GOVERNOR TO ACT AS GOVERNOR. SEC. 17. In case
6 27 of the death, impeachment, resignation, removal from office,
6 28 or other disability of the Governor, the powers and duties of
6 29 the office for the residue of the term, or until he the
6 30 Governor shall be acquitted, or the disability removed, shall
6 31 devolve upon the Lieutenant Governor.
6 32 19. Section 20 of Article IV of the Constitution of the
6 33 State of Iowa is amended to read as follows:
6 34 SEAL OF STATE. SEC. 20. There shall be a seal of this
6 35 State, which shall be kept by the Governor, and used by him
7 1 the Governor officially, and shall be called the Great Seal of
7 2 the State of Iowa.
7 3 20. Section 12 of Article V of the Constitution of the
7 4 State of Iowa, as amended by amendment number 1 of the
7 5 Amendments of 1972, is amended to read as follows:
7 6 ATTORNEY GENERAL. SEC. 12. The General Assembly shall
7 7 provide, by law, for the election of an Attorney General by
7 8 the people, whose term of office shall be four years, and
7 9 until his the Attorney General's successor is elected and
7 10 qualifies.
7 11 21. Paragraphs 1 and 2 of section 16 of Article V of the
7 12 Constitution of the State of Iowa, as added by the Amendment
7 13 of 1962, are amended to read as follows:
7 14 There shall be a State Judicial Nominating Commission.
7 15 Such Commission shall make nominations to fill vacancies in
7 16 the Supreme Court. Until July 4, 1973, and thereafter unless
7 17 otherwise provided by law, the State Judicial Nominating
7 18 Commission shall be composed and selected as follows: There
7 19 shall be not less than three nor more than eight appointive
7 20 members, as provided by law, and an equal number of elective
7 21 members on such Commission, all of whom shall be electors of
7 22 the state. The appointive members shall be appointed by the
7 23 Governor subject to confirmation by the Senate. The elective
7 24 members shall be elected by the resident members of the bar of
7 25 the state. The judge of the Supreme Court who is senior in
7 26 length of service on said Court, other than the Chief Justice,
7 27 shall also be a member of such Commission and shall be its
7 28 chairman chairperson.
7 29 There shall be a District Judicial Nominating Commission in
7 30 each judicial district of the state. Such commissions shall
7 31 make nominations to fill vacancies in the District Court
7 32 within their respective districts. Until July 4, 1973, and
7 33 thereafter unless otherwise provided by law, District Judicial
7 34 Nominating Commissions shall be composed and selected as
7 35 follows: There shall be not less than three nor more than six
8 1 appointive members, as provided by law, and an equal number of
8 2 elective members on each such commission, all of whom shall be
8 3 electors of the district. The appointive members shall be
8 4 appointed by the Governor. The elective members shall be
8 5 elected by the resident members of the bar of the district.
8 6 The district judge of such district who is senior in length of
8 7 service shall also be a member of such commission and shall be
8 8 its chairman chairperson.
8 9 22. Section 1 of Article VI of the Constitution of the
8 10 State of Iowa, as amended by the Amendment of 1868, is amended
8 11 to read as follows:
8 12 COMPOSITION == TRAINING. SECTION 1. The militia of this
8 13 State shall be composed of all able=bodied male citizens,
8 14 between the ages of eighteen and forty five forty=five years,
8 15 except such as are or may hereafter be exempt by the laws of
8 16 the United States, or of this State, and shall be armed,
8 17 equipped, and trained, as the General Assembly may provide by
8 18 law.
8 19 23. Section 9 of Article VIII of the Constitution of the
8 20 State of Iowa is amended to read as follows:
8 21 STOCKHOLDERS' RESPONSIBILITY. SEC. 9. Every stockholder
8 22 in a banking corporation or institution shall be individually
8 23 responsible and liable to its creditors, over and above the
8 24 amount of stock by him or her held by the stockholder, to an
8 25 amount equal to his or her the stockholder's respective shares
8 26 so held for all of its liabilities, accruing while he or she
8 27 the stockholder remains such stockholder.
8 28 Sec. 2. REFERRAL AND PUBLICATION. The foregoing amendment
8 29 to the Constitution of the State of Iowa is referred to the
8 30 General Assembly to be chosen at the next general election for
8 31 members of the General Assembly, and the Secretary of State is
8 32 directed to cause the same to be published for three
8 33 consecutive months previous to the date of that election as
8 34 provided by law.
8 35 EXPLANATION
9 1 This joint resolution proposes an amendment to the
9 2 Constitution of the State of Iowa to make all references to
9 3 persons or officers gender neutral. The resolution, if
9 4 adopted, would be referred to the next general assembly before
9 5 being submitted to the electorate for ratification.
9 6 LSB 2333HH 80
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