Senate Joint Resolution 5 - IntroducedA Bill ForA Joint Resolution 1proposing an amendment to the Constitution
2of the State of Iowa to make the Constitution of the State
3of Iowa gender neutral.
   4BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  The following amendment to the Constitution of
2the State of Iowa is proposed:
   31.  The first paragraph of the Preamble of the Constitution
4of the State of Iowa is amended to read as follows:
  5Preamble.  WE THE PEOPLE OF THE STATE OF IOWA, grateful
6to the Supreme Being for the blessings hitherto enjoyed,
7and feeling our dependence on Him the Supreme Being for a
8continuation of those blessings, do ordain and establish a free
9and independent government, by the name of the State of Iowa,
10the boundaries whereof shall be as follows:
   112.  Section 4 of Article I of the Constitution of the State
12of Iowa is amended to read as follows:
   13Sec.4.  Religious test — witnesses.  No religious test
14shall be required as a qualification for any office, or public
15trust, and no person shall be deprived of any of his the
16person’s
rights, privileges, or capacities, or disqualified
17from the performance of any of his the person’s public or
18private duties, or rendered incompetent to give evidence in
19any court of law or equity, in consequence of his the person’s
20 opinions on the subject of religion; and any party to any
21judicial proceeding shall have the right to use as a witness,
22or take the testimony of, any other person not disqualified on
23account of interest, who may be cognizant of any fact material
24to the case; and parties to suits may be witnesses, as provided
25by law.
   263.  Section 7 of Article I of the Constitution of the State
27of Iowa is amended to read as follows:
   28Sec.7.  Liberty of speech and press.  Every person may
29speak, write, and publish his the person’s sentiments on all
30subjects, being responsible for the abuse of that right. No
31law shall be passed to restrain or abridge the liberty of
32speech, or of the press. In all prosecutions or indictments
33for libel, the truth may be given in evidence to the jury, and
34if it appears* to the jury that the matter charged as libellous
35
 libelous was true, and was published with good motives and for
-1-1justifiable ends, the party shall be acquitted.
   24.  Section 9 of Article I of the Constitution of the State
3of Iowa is amended to read as follows:
   4Sec.9.  Right of trial by jury — due process of law.  The
5right of trial by jury shall remain inviolate; but the general
6assembly may authorize trial by a jury of a less number than
7twelve men individuals in inferior courts; but no person shall
8be deprived of life, liberty, or property, without due process
9of law.
   105.  Section 10 of Article I of the Constitution of the State
11of Iowa is amended to read as follows:
   12Sec.10.  Rights of persons accused.  In all criminal
13prosecutions, and in cases involving the life, or liberty
14of an individual the accused shall have a right to a speedy
15and public trial by an impartial jury; to be informed of the
16accusation against him the accused, to have a copy of the same
17when demanded; to be confronted with the witnesses against him
18
 the accused; to have compulsory process for his the accused’s
19 witnesses; and, to have the assistance of counsel.
   206.  Section 1 of Article II of the Constitution of the State
21of Iowa, as amended by the Amendment of 1868 and by amendment
22number 2 of the Amendments of 1970, is amended to read as
23follows:
   24Section 1.  Electors.  Every citizen of the United States
25of the age of twenty-one years, who shall have been a resident
26of this state for such period of time as shall be provided by
27law and of the county in which he the person claims his the
28person’s
vote for such period of time as shall be provided by
29law, shall be entitled to vote at all elections which are now
30or hereafter may be authorized by law. The general assembly
31may provide by law for different periods of residence in order
32to vote for various officers or in order to vote in various
33elections. The required periods of residence shall not exceed
34six months in this state and sixty days in the county.
   357.  Section 4 of Article III of the Constitution of the State
-2-1of Iowa, as amended by the Amendment of 1880 and the Amendment
2of 1926, is amended to read as follows:
   3Sec.4.  Qualifications.  No person shall be a member of the
4house of representatives who shall not have attained the age of
5twenty-one years, be a citizen of the United States, and shall
6have been an inhabitant of this state one year next preceding
7his the person’s election, and at the time of his the person’s
8 election shall have had an actual residence of sixty days in
9the county, or district he the person may have been chosen to
10represent.
   118.  Section 10 of Article III of the Constitution of the
12State of Iowa is amended to read as follows:
   13Sec.10.  Protest — record of vote.  Every member of the
14general assembly shall have the liberty to dissent from, or
15protest against any Act or resolution which he the member may
16think injurious to the public, or an individual, and have the
17reasons for his the member’s dissent entered on the journals;
18and the yeas and nays of the members of either house, on any
19question, shall, at the desire of any two members present, be
20entered on the journals.
   219.  Section 16 of Article III of the Constitution of
22the State of Iowa, as amended by amendment number 4 of the
23Amendments of 1968, is amended to read as follows:
   24Sec.16.  Executive approval — veto — item veto by
25governor.
  Every bill which shall have passed the general
26assembly, shall, before it becomes a law, be presented to the
27governor. If he approve the governor approves, he the governor
28 shall sign it; but if not, he the governor shall return it
29with his the governor’s objections, to the house in which it
30originated, which shall enter the same upon their its journal,
31and proceed to reconsider it; if, after such reconsideration,
32it again pass passes both houses, by yeas and nays, by a
33majority of two thirds of the members of each house, it shall
34become a law, notwithstanding the governor’s* objections. If
35any bill shall not be returned within three days after it shall
-3-1have been presented to him the governor, Sunday excepted, the
2same shall be a law in like manner as if he the governor had
3signed it, unless the general assembly, by adjournment, prevent
4
 prevents such return. Any bill submitted to the governor for
5his the governor’s approval during the last three days of a
6session of the general assembly, shall be deposited by him the
7governor
in the office of the secretary of state, within thirty
8days after the adjournment, with his the governor’s approval,
9if approved by him the governor, and with his the governor’s
10 objections, if he the governor disapproves thereof.
   11The governor may approve appropriation bills in whole or
12in part, and may disapprove any item of an appropriation
13bill; and the part approved shall become a law. Any item of
14an appropriation bill disapproved by the governor shall be
15returned, with his the governor’s objections, to the house
16in which it originated, or shall be deposited by him the
17governor
in the office of the secretary of state in the case
18of an appropriation bill submitted to the governor for his the
19governor’s
approval during the last three days of a session
20of the general assembly, and the procedure in each case shall
21be the same as provided for other bills. Any such item of an
22appropriation bill may be enacted into law notwithstanding the
23governor’s objections, in the same manner as provided for other
24bills.
   2510.  Section 21 of Article III of the Constitution of the
26State of Iowa is amended to read as follows:
   27Sec.21.  Members not appointed to office.  No senator or
28representative shall, during the time for which he the senator
29or representative
shall have been elected, be appointed to any
30civil office of profit under this state, which shall have been
31created, or the emoluments of which shall have been increased
32during such term, except such offices as may be filled by
33elections by the people.
   3411.  Section 23 of Article III of the Constitution of the
35State of Iowa is amended to read as follows:
-4-
   1Sec.23.  Failure to account.  No person who may hereafter
2be a collector or holder of public monies, shall have a seat
3in either house of the general assembly, or be eligible to
4hold any office of trust or profit in this state, until he the
5person
shall have accounted for and paid into the treasury all
6sums for which he the person may be liable.
   712.  Section 8 of Article IV of the Constitution of the State
8of Iowa is amended to read as follows:
   9Sec.8.  Duties of governor.  He The governor shall transact
10all executive business with the officers of government, civil
11and military, and may require information in writing from the
12officers of the executive department upon any subject relating
13to the duties of their respective offices.
   1413.  Section 9 of Article IV of the Constitution of the State
15of Iowa is amended to read as follows:
   16Sec.9.  Execution of laws.  He The governor shall take care
17that the laws are faithfully executed.
   1814.  Section 11 of Article IV of the Constitution of the
19State of Iowa is amended to read as follows:
   20Sec.11.  Convening general assembly.  He The governor may,
21on extraordinary occasions, convene the general assembly by
22proclamation, and shall state to both houses, when assembled,
23the purpose for which they shall have been convened.
   2415.  Section 12 of Article IV of the Constitution of the
25State of Iowa is amended to read as follows:
   26Sec.12.  Message.  He The governor shall communicate, by
27message, to the general assembly, at every regular session, the
28condition of the state, and recommend such matters as he the
29governor
shall deem expedient.
   3016.  Section 13 of Article IV of the Constitution of the
31State of Iowa is amended to read as follows:
   32Sec.13.  Adjournment.  In case of disagreement between
33the two houses with respect to the time of adjournment, the
34governor shall have power to adjourn the general assembly to
35such time as he the governor may think proper; but no such
-5-1adjournment shall be beyond the time fixed for the regular
2meeting of the next general assembly.
   317.  Section 16 of Article IV of the Constitution of the
4State of Iowa is amended to read as follows:
   5Sec.16.  Pardons — reprieves — commutations.  The governor
6shall have power to grant reprieves, commutations and pardons,
7after conviction, for all offences offenses except treason and
8cases of impeachment, subject to such regulations as may be
9provided by law. Upon conviction for treason, he the governor
10 shall have power to suspend the execution of the sentence until
11the case shall be reported to the general assembly at its next
12meeting, when the general assembly shall either grant a pardon,
13commute the sentence, direct the execution of the sentence, or
14grant a further reprieve. He The governor shall have power to
15remit fines and forfeitures, under such regulations as may be
16prescribed by law; and shall report to the general assembly,
17at its next meeting, each case of reprieve, commutation, or
18pardon granted, and the reasons therefor; and also all persons
19in whose favor remission of fines and forfeitures shall have
20been made, and the several amounts remitted.
   2118.  Section 17 of Article IV of the Constitution of the
22State of Iowa is amended to read as follows:
   23Sec.17.  Lieutenant governor to act as governor.  In case of
24the death, impeachment, resignation, removal from office, or
25other disability of the governor, the powers and duties of the
26office for the residue of the term, or until he the governor
27 shall be acquitted, or the disability removed, shall devolve
28upon the lieutenant governor.
   2919.  Section 20 of Article IV of the Constitution of the
30State of Iowa is amended to read as follows:
   31Sec.20.  Seal of state.  There shall be a seal of this
32state, which shall be kept by the governor, and used by him the
33governor
officially, and shall be called the great seal of the
34state of Iowa.
   3520.  Section 12 of Article V of the Constitution of the State
-6-1of Iowa, as amended by amendment number 1 of the Amendments of
21972, is amended to read as follows:
   3Sec.12.  Attorney general.  The general assembly shall
4provide, by law, for the election of an attorney general by the
5people, whose term of office shall be four years, and until his
6
 the attorney general’s successor is elected and qualifies.
   721.  Paragraphs 1 and 2 of section 16 of Article V of the
8Constitution of the State of Iowa, as added by the Amendment of
91962, are amended to read as follows:
   10There shall be a state judicial nominating commission.
11Such commission shall make nominations to fill vacancies in
12the supreme court. Until July 4, 1973, and thereafter unless
13otherwise provided by law, the state judicial nominating
14commission shall be composed and selected as follows: There
15shall be not less than three nor more than eight appointive
16members, as provided by law, and an equal number of elective
17members on such commission, all of whom shall be electors of
18the state. The appointive members shall be appointed by the
19governor subject to confirmation by the senate. The elective
20members shall be elected by the resident members of the bar of
21the state. The judge of the supreme court who is senior in
22length of service on said court, other than the chief justice,
23shall also be a member of such commission and shall be its
24chairman chairperson.
   25There shall be a district judicial nominating commission in
26each judicial district of the state. Such commissions shall
27make nominations to fill vacancies in the district court within
28their respective districts. Until July 4, 1973, and thereafter
29unless otherwise provided by law, district judicial nominating
30commissions shall be composed and selected as follows: There
31shall be not less than three nor more than six appointive
32members, as provided by law, and an equal number of elective
33members on each such commission, all of whom shall be electors
34of the district. The appointive members shall be appointed by
35the governor. The elective members shall be elected by the
-7-1resident members of the bar of the district. The district
2judge of such district who is senior in length of service shall
3also be a member of such commission and shall be its chairman
4
 chairperson.
   522.  Section 1 of Article VI of the Constitution of the State
6of Iowa, as amended by the Amendment of 1868, is amended to
7read as follows:
   8Section 1.  Composition — training.  The militia of this
9state shall be composed of all able-bodied male citizens,
10between the ages of eighteen and forty-five years, except such
11as are or may hereafter be exempt by the laws of the United
12States, or of this state, and shall be armed, equipped, and
13trained, as the general assembly may provide by law.
   1423.  Section 9 of Article VIII of the Constitution of the
15State of Iowa is amended to read as follows:
   16Sec.9.  Stockholders’ responsibility.  Every stockholder
17in a banking corporation or institution shall be individually
18responsible and liable to its creditors, over and above the
19amount of stock by him or her held by the stockholder, to an
20amount equal to his or her the stockholder’s respective shares
21so held for all of its liabilities, accruing while he or she
22
 the stockholder remains such stockholder.*
23   Sec. 2.REFERRAL AND PUBLICATION.   The foregoing proposed
24amendment to the Constitution of the State of Iowa is referred
25to the general assembly to be chosen at the next general
26election for members of the general assembly, and the secretary
27of state is directed to cause the proposed amendment to be
28published for three consecutive months previous to the date of
29that election as provided by law.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This joint resolution proposes an amendment to the
34Constitution of the State of Iowa to make all references
35to persons or officers gender neutral. The resolution, if
-8-1adopted, would be published and then referred to the next
2general assembly (89th) for adoption, before being submitted to
3the electorate for ratification.
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