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
  6 pf/cl/14

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
  9  7 pf/cl/14