SJR 2005 (LSB 5488XS (3) 86)

SENATE JOINT RESOLUTION 2005

BY  CHELGREN, BERTRAND, and SCHULTZ

SENATE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa limiting terms of service for members of the general assembly, the governor, the lieutenant governor, the secretary of state, the auditor of state, the treasurer of state, and other elected state executive officials. 

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   1.  Section 3 of Article III of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:
   Representatives.  SEC. 3.  The members of the house of representatives shall be chosen every second year, by the qualified electors of their respective districts, and their term of office shall commence on the first day of January next after their election, and continue two years, and until their successors are elected and qualified. A person shall not be elected for a term as representative if the term would result in the person serving more than a total of six consecutive terms as a representative. If a person is elected to serve a portion of a term to which some other person was elected but that person died in office or resigned from office or was otherwise removed from office, that portion of a term served shall not be included in the terms of service for purposes of this limitation if the representative did not serve for at least one-half of the two-year term. This limitation on terms of service applies to terms of office beginning on or after January 1, 2021.
   2.  Section 5 of Article III of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:
   Senators —— qualifications.  SEC. 5.  Senators shall be chosen for the term of four years, at the same time and place as representatives; they shall be twenty-five years of age, and possess the qualifications of representatives as to residence and citizenship. A person shall not be elected for a term as senator if the term would result in the person serving more than a total of three consecutive terms as a senator. If a person is elected to serve a portion of a term to which some other person was elected but that person died in office or resigned from office or was otherwise removed from office, that portion of a term served shall not be included in the terms of service for purposes of this limitation if the senator did not serve for at least one-half of the four-year term. This limitation on terms of service applies to terms of office beginning on or after January 1, 2021.
   3.  Section 6 of Article IV of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:
   Eligibility.  SEC. 6.  No person shall be eligible to the office of governor, or lieutenant governor, who shall not have been a citizen of the United States, and a resident of the state, two years next preceding the election, and attained the age of thirty years at the time of said election.
   A person shall not be elected for a term as governor if the term would result in the person serving more than a total of three consecutive terms as governor. A person shall not be elected for a term as lieutenant governor if the term would result in the person serving more than a total of three consecutive terms as lieutenant governor. If a person is elevated or appointed to serve a portion of a term to which some other person was elected but that person died in office or resigned from office or was otherwise removed from office, that portion of a term served shall not be included in the terms of service for purposes of this limitation if the person did not serve for at least one-half of the four-year term. This limitation on terms of service applies to terms of office beginning on or after January 1, 2021.
   4.  Section 22 of Article IV of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:
   Secretary —— auditor —— treasurer.  SEC. 22.  A secretary of state, an auditor of state, and a treasurer of state shall be elected by the qualified electors at the same time that the governor is elected and for a four-year term commencing on the first day of January next after their election, and they shall perform such duties as may be provided by law.
   A person shall not be elected for a term as secretary of state if the term would result in the person serving more than a total of three consecutive terms in that office. A person shall not be elected for a term as auditor of state if the term would result in the person serving more than a total of three consecutive terms in that office. A person shall not be elected for a term as treasurer of state if the term would result in the person serving more than a total of three consecutive terms in that office. If a person appointed to serve a portion of a term to which some other person was elected, but that person died in office or resigned from office or was otherwise removed from office, that portion of a term served shall not be included in the terms of service for purposes of this limitation if the person did not serve for at least one-half of the four-year term. This limitation on terms of service applies to terms of office beginning on or after January 1, 2021.
   5.  The Constitution of the State of Iowa is amended by adding the following new section to Article IV:
   Elected state executive officer —— term limits.  SEC. 23.  If the general assembly provides by law for the election of a state executive officer by the people, a person shall not be elected for a term to that office if the term would result in the person serving more than a total of twelve years in that office. If a person appointed to serve a portion of a term to which some other person was elected, but that person died in office or resigned from office or was otherwise removed from office, that portion of a term served shall not be included in the terms of service for purposes of this limitation if the person did not serve for at least one-half of the term of office. This limitation on terms of service applies to terms of office beginning on or after January 1, 2021.
   6.  Section 12 of Article V of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:
   Attorney general.  SEC. 12.  The general assembly shall provide, by law, for the election of an attorney general by the people, whose term of office shall be four years, and until his successor is elected and qualifies.
   A person shall not be elected for a term as attorney general if the term would result in the person serving more than a total of three consecutive terms in that office. If a person appointed to serve a portion of a term to which some other person was elected, but that person died in office or resigned from office or was otherwise removed from office, that portion of a term served shall not be included in the terms of service for purposes of this limitation if the person did not serve for at least one-half of the four-year term. This limitation on terms of service applies to terms of office beginning on or after January 1, 2021.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly, and the secretary of state is directed to cause the same to be published for three consecutive months previous to the date of that election as provided by law. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This joint resolution proposes an amendment to the Constitution of the State of Iowa limiting terms of service for persons elected to the offices of representative or senator in the general assembly, governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, and any other elected state executive officer. The amendment provides that a member of the house of representatives shall not serve more than six consecutive terms as a representative, and that a member of the senate shall not serve more than three consecutive terms as a senator. The amendment provides that a person elected as governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, or attorney general shall not serve more than three consecutive terms in that respective office. The amendment also provides that if the general assembly provides for the election of a state executive officer, that the officer shall not serve more than 12 consecutive years in that office.
   The amendment provides that if a person is elected, elevated, or appointed as applicable, to serve a portion of a term in these respective offices, the term shall not be included in counting terms of service if the person did not serve at least one-half of the full term. The amendment applies to terms of office beginning on or after January 1, 2021.
   The resolution, if adopted, would be referred to the next general assembly for adoption before being submitted to the electorate for ratification.