Senate
Joint
Resolution
2005
-
Introduced
SENATE
JOINT
RESOLUTION
2005
BY
DAWSON
SENA
TE
JOINT
RESOLUTION
A
Joint
Resolution
proposing
amendments
to
the
Constitution
1
of
the
State
of
Iowa
limiting
years
of
service
for
members
2
of
the
general
assembly,
the
governor,
and
judges
of
the
3
supreme
court
and
court
of
appeals.
4
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
The
following
amendment
to
the
Constitution
of
1
the
State
of
Iowa
is
proposed:
2
1.
Section
3
of
Article
III
of
the
Constitution
of
the
State
3
of
Iowa
is
repealed
and
the
following
adopted
in
lieu
thereof:
4
Representatives
——
term
limitation.
SEC.
3.
The
members
of
5
the
house
of
representatives
shall
be
chosen
every
second
year,
6
by
the
qualified
electors
of
their
respective
districts,
and
7
their
term
of
office
shall
commence
on
the
first
day
of
January
8
next
after
their
election,
and
continue
two
years,
and
until
9
their
successors
are
elected
and
qualified.
A
person
shall
10
not
be
elected
for
a
term
as
representative
if
the
term
would
11
result
in
the
person
serving
more
than
a
total
of
sixteen
years
12
in
the
general
assembly.
This
limitation
on
years
of
service
13
applies
to
terms
of
office
beginning
on
or
after
January
1,
14
2023,
and
for
years
of
service
occurring
on
or
after
January
15
1,
2023.
16
2.
Section
5
of
Article
III
of
the
Constitution
of
the
State
17
of
Iowa
is
repealed
and
the
following
adopted
in
lieu
thereof:
18
Senators
——
qualifications
——
term
limitation.
SEC.
5.
19
Senators
shall
be
chosen
for
the
term
of
four
years,
at
20
the
same
time
and
place
as
representatives;
they
shall
be
21
twenty-five
years
of
age,
and
possess
the
qualifications
of
22
representatives
as
to
residence
and
citizenship.
A
person
23
shall
not
be
elected
for
a
term
as
senator
if
the
term
would
24
result
in
the
person
serving
more
than
a
total
of
sixteen
years
25
in
the
general
assembly.
This
limitation
on
terms
of
service
26
applies
to
terms
of
office
beginning
on
or
after
January
1,
27
2023,
and
for
years
of
service
occurring
on
or
after
January
28
1,
2023.
29
Sec.
2.
The
following
amendment
to
the
Constitution
of
the
30
State
of
Iowa
is
proposed:
31
Section
6
of
Article
IV
of
the
Constitution
of
the
State
of
32
Iowa
is
repealed
and
the
following
adopted
in
lieu
thereof:
33
Eligibility
——
term
limitation.
SEC.
6.
No
person
shall
be
34
eligible
to
the
office
of
governor,
or
lieutenant
governor,
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who
shall
not
have
been
a
citizen
of
the
United
States,
and
a
1
resident
of
the
state,
two
years
next
preceding
the
election,
2
and
attained
the
age
of
thirty
years
at
the
time
of
said
3
election.
4
A
person
shall
not
be
elected
for
a
term
as
governor
if
5
the
term
would
result
in
the
person
serving
more
than
a
total
6
of
two
terms
as
governor.
If
a
person
is
elevated
to
serve
7
a
portion
of
a
term
to
which
some
other
person
was
elected
8
but
that
person
died
in
office
or
resigned
from
office
or
was
9
otherwise
removed
from
office,
that
portion
of
a
term
served
10
shall
not
be
included
in
the
terms
of
service
for
purposes
11
of
this
limitation
if
the
person
did
not
serve
for
at
least
12
one-half
of
the
four-year
term.
This
limitation
on
terms
13
of
service
applies
to
terms
of
office
beginning
on
or
after
14
January
1,
2023.
15
Sec.
3.
The
following
amendment
to
the
Constitution
of
the
16
State
of
Iowa
is
proposed:
17
Section
17
of
Article
V
of
the
Constitution
of
the
State
of
18
Iowa,
as
added
by
the
Amendment
of
1962,
is
repealed
and
the
19
following
adopted
in
lieu
thereof:
20
Terms
——
judicial
elections
——
term
limitations.
SEC.
17.
21
Members
of
all
courts
shall
have
such
tenure
in
office
as
may
22
be
fixed
by
law,
but
terms
of
supreme
court
judges
shall
be
not
23
less
than
eight
years
and
terms
of
district
court
judges
shall
24
be
not
less
than
six
years.
Judges
shall
serve
for
one
year
25
after
appointment
and
until
the
first
day
of
January
following
26
the
next
judicial
election
after
the
expiration
of
such
year.
27
They
shall
at
such
judicial
election
stand
for
retention
in
28
office
on
a
separate
ballot
which
shall
submit
the
question
of
29
whether
such
judge
shall
be
retained
in
office
for
the
tenure
30
prescribed
for
such
office
and
when
such
tenure
is
a
term
of
31
years,
on
their
request,
they
shall,
at
the
judicial
election
32
next
before
the
end
of
each
term,
stand
again
for
retention
on
33
such
ballot.
Present
supreme
court
and
district
court
judges,
34
at
the
expiration
of
their
respective
terms,
may
be
retained
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in
office
in
like
manner
for
the
tenure
prescribed
for
such
1
office.
2
A
person
shall
not
be
eligible
to
be
elected
or
appointed
for
3
a
term
as
a
supreme
court
judge
if
the
term
would
result
in
the
4
person
serving
more
than
a
total
of
two
full
terms
as
a
supreme
5
court
judge.
This
limitation
on
terms
of
service
applies
to
6
terms
of
office
beginning
on
or
after
January
1,
2023.
7
The
general
assembly
shall
prescribe
the
time
for
holding
8
judicial
elections.
9
Sec.
4.
The
following
amendments
to
the
Constitution
of
the
10
State
of
Iowa
are
proposed:
11
1.
Section
1
of
Article
V
of
the
Constitution
of
the
State
12
of
Iowa
is
amended
to
read
as
follows:
13
Courts.
SECTION
1.
The
judicial
power
shall
be
vested
in
14
a
supreme
court,
court
of
appeals,
district
courts,
and
such
15
other
courts,
inferior
to
the
supreme
court,
as
the
general
16
assembly
may,
from
time
to
time,
establish.
17
2.
Section
15
of
Article
V
of
the
Constitution
of
the
State
18
of
Iowa,
as
added
by
the
Amendment
of
1962,
is
amended
to
read
19
as
follows:
20
Vacancies
in
courts.
SEC.
15.
Vacancies
in
the
supreme
21
court
,
court
of
appeals,
and
district
court
shall
be
filled
by
22
appointment
by
the
governor
from
lists
of
nominees
submitted
23
by
the
appropriate
judicial
nominating
commission.
Three
24
nominees
shall
be
submitted
for
each
supreme
court
vacancy,
25
three
nominees
shall
be
submitted
for
each
court
of
appeals
26
vacancy,
and
two
nominees
shall
be
submitted
for
each
district
27
court
vacancy.
If
the
governor
fails
for
thirty
days
to
make
28
the
appointment,
it
shall
be
made
from
such
nominees
by
the
29
chief
justice
of
the
supreme
court.
30
3.
Section
16
of
Article
V
of
the
Constitution
of
the
State
31
of
Iowa,
as
added
by
the
Amendment
of
1962,
is
amended
to
read
32
as
follows:
33
State
and
district
nominating
commissions.
SEC.
16.
There
34
shall
be
a
state
judicial
nominating
commission.
Such
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commission
shall
make
nominations
to
fill
vacancies
in
the
1
supreme
court
and
the
court
of
appeals
.
Until
July
4,
1973,
2
and
thereafter
unless
otherwise
provided
by
law,
the
state
3
judicial
nominating
commission
shall
be
composed
and
selected
4
as
follows:
There
shall
be
not
less
than
three
nor
more
than
5
eight
appointive
members,
as
provided
by
law,
and
an
equal
6
number
of
elective
members
on
such
commission,
all
of
whom
7
shall
be
electors
of
the
state.
The
appointive
members
shall
8
be
appointed
by
the
governor
subject
to
confirmation
by
the
9
senate.
The
elective
members
shall
be
elected
by
the
resident
10
members
of
the
bar
of
the
state.
The
judge
of
the
supreme
court
11
who
is
senior
in
length
of
service
on
said
court,
other
than
12
the
chief
justice,
shall
also
be
a
member
of
such
commission
13
and
shall
be
its
chairman.
14
There
shall
be
a
district
judicial
nominating
commission
in
15
each
judicial
district
of
the
state.
Such
commissions
shall
16
make
nominations
to
fill
vacancies
in
the
district
court
within
17
their
respective
districts.
Until
July
4,
1973,
and
thereafter
18
unless
otherwise
provided
by
law,
district
judicial
nominating
19
commissions
shall
be
composed
and
selected
as
follows:
There
20
shall
be
not
less
than
three
nor
more
than
six
appointive
21
members,
as
provided
by
law,
and
an
equal
number
of
elective
22
members
on
each
such
commission,
all
of
whom
shall
be
electors
23
of
the
district.
The
appointive
members
shall
be
appointed
by
24
the
governor.
The
elective
members
shall
be
elected
by
the
25
resident
members
of
the
bar
of
the
district.
The
district
26
judge
of
such
district
who
is
senior
in
length
of
service
shall
27
also
be
a
member
of
such
commission
and
shall
be
its
chairman.
28
Due
consideration
shall
be
given
to
area
representation
in
29
the
appointment
and
election
of
judicial
nominating
commission
30
members.
Appointive
and
elective
members
of
judicial
31
nominating
commissions
shall
serve
for
six-year
terms,
shall
be
32
ineligible
for
a
second
six-year
term
on
the
same
commission,
33
shall
hold
no
office
of
profit
of
the
United
States
or
of
the
34
state
during
their
terms,
shall
be
chosen
without
reference
to
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political
affiliation,
and
shall
have
such
other
qualifications
1
as
may
be
prescribed
by
law.
As
near
as
may
be,
the
terms
of
2
one-third
of
such
members
shall
expire
every
two
years.
3
4.
Section
18
of
Article
V
of
the
Constitution
of
the
State
4
of
Iowa,
as
added
by
the
Amendment
of
1962,
is
repealed
and
the
5
following
adopted
in
lieu
thereof:
6
Salaries
——
qualifications
——
retirement.
SEC.
18.
Judges
of
7
the
supreme
court,
court
of
appeals,
and
district
court
shall
8
receive
salaries
from
the
state,
shall
be
members
of
the
bar
9
of
the
state
and
shall
have
such
other
qualifications
as
may
10
be
prescribed
by
law.
Judges
of
the
supreme
court,
court
of
11
appeals,
and
district
court
shall
be
ineligible
to
any
other
12
office
of
the
state
while
serving
on
said
court
and
for
two
13
years
thereafter,
except
that
appeals
court
judges
and
district
14
court
judges
shall
be
eligible
to
the
office
of
supreme
court
15
judge.
Other
judicial
officers
shall
be
selected
in
such
16
manner
and
shall
have
such
tenure,
compensation,
and
other
17
qualification
as
may
be
fixed
by
law.
The
general
assembly
18
shall
prescribe
mandatory
retirement
for
judges
of
the
supreme
19
court,
court
of
appeals,
and
district
court
at
a
specified
20
age
and
shall
provide
for
adequate
retirement
compensation.
21
Retired
judges
may
be
subject
to
special
assignment
to
22
temporary
judicial
duties
by
the
supreme
court,
as
provided
by
23
law.
24
5.
Article
V
of
the
Constitution
of
the
State
of
Iowa
is
25
amended
by
adding
the
following
new
section:
26
SEC.
18A.
The
court
of
appeals
shall
consist
of
such
a
27
number
of
judges
and
have
such
jurisdiction
and
tenure
in
28
office
as
may
be
fixed
by
law.
29
A
person
shall
not
be
eligible
to
be
elected
or
appointed
30
for
a
term
as
a
court
of
appeals
judge
if
the
term
would
result
31
in
the
person
serving
more
than
a
total
of
two
full
terms
as
a
32
court
of
appeals
judge.
This
limitation
on
terms
of
service
33
applies
to
terms
of
office
beginning
on
or
after
January
1,
34
2023.
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Sec.
5.
REFERRAL
AND
PUBLICATION.
The
foregoing
amendments
1
to
the
Constitution
of
the
State
of
Iowa
are
referred
to
the
2
general
assembly
to
be
chosen
at
the
next
general
election
3
for
members
of
the
general
assembly,
and
the
secretary
of
4
state
is
directed
to
cause
the
same
to
be
published
for
three
5
consecutive
months
previous
to
the
date
of
that
election
as
6
provided
by
law.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
joint
resolution
proposes
four
amendments
to
the
11
Constitution
of
the
State
of
Iowa
limiting
years
of
service
12
for
persons
elected
to
the
general
assembly,
office
of
the
13
governor,
supreme
court,
or
court
of
appeals,
and
establishing
14
the
court
of
appeals
in
the
constitution.
15
The
first
amendment
provides
that
a
person
shall
not
be
16
elected
for
a
term
as
a
representative
or
senator
if
the
term
17
would
result
in
the
person
serving
more
than
16
years
in
the
18
general
assembly.
19
The
second
proposed
amendment
provides
that
a
person
shall
20
not
be
elected
for
a
term
as
governor
if
the
term
would
result
21
in
the
person
serving
more
than
two
terms
as
governor.
For
the
22
purposes
of
this
limitation,
a
person
shall
not
be
considered
23
to
have
served
a
term
if
that
person
was
elevated
to
serve
a
24
portion
of
a
term
as
governor
if
that
person
did
not
serve
at
25
least
one-half
of
the
full
term.
26
The
third
proposed
amendment
provides
that
a
person
shall
27
not
be
elected
or
appointed
to
serve
as
a
judge
on
the
supreme
28
court
if
the
term
would
result
in
the
person
serving
more
than
29
two
full
terms
as
a
judge
on
the
supreme
court.
30
The
fourth
proposed
amendment
establishes
the
court
of
31
appeals
in
the
Constitution
of
the
State
of
Iowa,
provides
that
32
three
nominees
for
each
vacancy
in
the
court
shall
be
submitted
33
by
the
state
judicial
nominating
commission,
from
which
the
34
governor
shall
select
an
appointee
and
provides
for
the
payment
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of
a
salary
to
judges
of
the
court,
the
establishment
of
a
1
mandatory
retirement
age,
and
a
limitation
on
holding
any
other
2
office
of
the
state
until
two
years
after
retiring
from
the
3
court.
The
amendment
provides
that
the
court
of
appeals
shall
4
consist
of
such
a
number
of
judges
and
have
such
jurisdiction
5
and
term
in
office
as
may
be
fixed
by
law.
The
amendment
also
6
provides
that
a
person
shall
not
be
elected
or
appointed
to
7
serve
as
a
judge
on
the
court
of
appeals
if
the
term
would
8
result
in
the
person
serving
more
than
two
terms
as
a
judge
on
9
the
court
of
appeals.
10
The
amendment
applies
to
terms
of
office
beginning
on
or
11
after
January
1,
2023,
and
for
years
of
service
occurring
on
or
12
after
January
1,
2023.
13
The
resolution,
if
adopted,
would
be
referred
to
the
next
14
general
assembly
for
adoption
before
being
submitted
to
the
15
electorate
for
ratification.
16
-7-
LSB
5959XS
(4)
87
ss/rj
7/
7